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58th Congress, )' SENATE. J Document 



M Session. f 1 No. 51. 



I 



CORRESPONDENCE CONCERNING THE CONVENTION BETWEEN THE 
UNITED STATES AND COLOMBIA FOR THE CONSTRUCTION OF AN 
INTEROCEANIC CANAL ACROSS THE ISTHMUS OF PANAMA. 



MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

A REPORT FROM THE SECRETARY OF STATE, WITH ACCOMPA- 
NYING PAPERS, CONCERNING THE CONVENTION BETWEEN THE 
UNITED STATES AND COLOMBIA FOR THE CONSTRUCTION OF 
AN INTEROCEANIC CANAL ACROSS THE ISTHMUS OF PANAMA. 



December 19, 1903. — Read; referred to the Committee on Foreign Relations and 

ordered to be printed. 



To the Senate and House of Representatives: 

I transmit, for the information of the Congress, in connection with 
the correspondence already transmitted relating- to the recent revolu- 
tion on the Isthmus of Panama, and contained in House Document 
No. 8, Fifty-eighth Congress, first session, parts 1 and 2, a report from 
the Secretary of State, with accompanjdng papers concerning the con- 
vention between the United States and Colombia for the construction 
of an interoceanic canal across the Isthmus of Panama. 

Theodore Roosetelt. 

White House, 

Washington, Deceiiiber 18, 1903. 



The President: 

The undersigned, Secretary of State, has the honor to lay before 
the President, with a view to their transmission to Congress for the 
information of that body, in connection with the correspondence 
already transmitted, relating to the recent revolution on the Isthmus 
of Panama and contained in House Document No. 8, Fifty-eighth 
Congress, first session, parts 1 and 2, copies of the correspondence 
between the Department of State and the legation of the United States 



2 INTEEOCEANIC CANAL. 

at Bogota concerning the convention between the United States and 
Colombia for the construction of an interoceanic canal across the 
Isthmus of Panama. 
Respectful!}^ submitted. 

John Hay. 
Department of State, 

Was/ilngton, December 18^ 1903. 



^ 



% 






/ 



? c 



lilST OF PAPERS. 



From and to whom. 



Mr. Loomis to Mr. Beaupr6 (tele- 
gram) 

Mr. Hay to Mr. Beaupr^ (telegram) 

Mr. Beaupre to Mr. Hay 

Same to same 

Same to same 

Same to same 

Mr. Hay to Blr. Beaupre 

Mr. Beaupre to Mr. Hay 

Same to same 

Same to same (telegram) 

Same to same 

Same to same 

Same to same (telegram) 

Same to same 

Mr. Hay to Mr. Beaupr6 (telegram) 

Same to same 

Same to same (telegram) 

Mr. Beaupr6 to Mr. Hay 

Same to same 

Same to same 

Same to same (telegram) 

Same to same (telegram) 

Same to same 

Same to same 

Same to same 

Same to same (telegram) 

Same to same (telegram) 

Same to same 

Same to same 

Mr. Loomis to Mr. Beaupr6 (tele- 
gram) 

Mr. Beauprd to Mr. Hay 

Same to same (telegram) 

Same to same (telegram) 

Mr. Beaupre to Mr. Hay 

Same to same (telegram) 

Same to same (telegrarfi) 

Same to same 

Mr. Hay to Mr. Beaupr6 (telegram) 

Mr. Beaupr^toMr. Hay(telegram) 

Same to same 

Mr. Loomis to Mr. Beaupre 

Mr. Beaupre to Mr. Hay 

Mr. Loomis to Mr. Beaupr6 (tele- 
gram ) 

Mr. Hay toMr.Beaupre(telegram) 



1903. 

Mar. 18 
Apr. 7 
Mar. 30 
Apr. 16 
Apr. 2'! 
Apr. 27 
Apr. 28 
May 4 
May 5 
May 7 
May 7 
May 12 
May 28 
May 28 
May 30 
June 2 
June 9 
June 10 
June 10 
June 13 
June 17 
June 17 
June 20 
June 20 
June 20 
June 28 
June 25 
June 26 
July 1 

July 1 

July 2 

July 5 

July 5 

July 6 

July 9 

July 11 

July 11 

July 13 

July 15 

July 21 

July 21 

July 22 

July 29 
July 31 



No. 



101 



105 



115 



129 
133 

139 

150 
154 



Prom and to whom. 



Mr. Beaupre to Mr. Hay 

Mr. Loomis to Mr. Beaupr6 

Mr. Beaupr6 to Mr. Hay (telegram) . 

Same to same (telegram) 

Same to same (telegram) 

Same to same (telegram) 

Same to same (telegram) 

Same to same 

Same to same 

Mr. Loomis to Mr. Beaupre^ (tele- 
gram) 

Mr. Beaupre to Mr. Hay (telegram). 

Same to same (telegram) 

Same to same (telegram) 

Mr. Loomis to Mr. Beaupre (tele- 
gram ) 

Mr. Beaupr6 to, Mr. Hay 

Mr. Loomis to Mr. Beaupre (tele- 
gram) 

Mr. Beaupr(5 to Mr. Hay (telegram) . 

Same to same 

Same to same (telegram) 

Same to same 

Mr. Adee to Mr. Beaupre (telegram) . 

Mr. Hay to Mr. Beaupr6 (telegram) . 

Mr. Beauprfi to Mr. Hay (telegram) . 

Same to same 

Same to same (telegram) 

Mr. Hay to Mr. Beaupr6 (telegram) 

Mr. Beaupr6toMr. Hay (telegram) 

Same to same (telegram) 

Same to same ( telegram) 

Same to same (telegram ) 

Same to same (telegram) 

Same to same (telegram ) 

Same to same 

Same to same (telegram) 

Same to same ; 

Same to same (telegram) 

Same to same (telegram) 

Same to same 

Same to same 

Same to same 

Same to same 

Same to same (telegram) 

Same to same (telegram) 

Same to same 



Date. 



1903 




Aug. 


3 


Aug. 


3 


Aug. 


5 


Aug. 


5 


Aug. 


5 


Aug. 


5 


Aug. 


6 


Aug. 


7 


Aug. 


10 


Aug. 


10 


Aug. 


12 


Aug. 


12 


Aug. 


12 


Aug. 


13 


Aug. 


15 


Aug. 


15 


Aug. 


15 


Aug. 


17 


Aug. 


17 


Aug. 


18 


Aug. 


19 


Aug. 


24 


Aug. 


24 


Aug. 


24 


Aug. 


26 


Aug. 


29 


Aug. 


29 


Aug. 


80 


Aug. 


81 


Sept. 


1 


Sept. 


2 


Sept. 


5 


Sept. 


5 


Sept. 


10 


Sept. 


11 


Sept. 


14 


Sept. 


17 


Sept. 


18 


Sept. 


22 


Sept. 


24 


Sept. 


25 


Sept. 


28 


Sept. 


30 


Sept. 


30 



INTEKOCEANIC CANAL. 

List of papers — Continued. 



No. 


From and to whom. 


Date. 


No. 


From and to whom. 


Date. 




- 
Mr. Beaupr6toMr. Hay (telegram). 


1903. 
Oct. 9 
Oct. 14 
Oct. 10 
Oct. 15 
Oct. 16 
Oct. 16 
Oct. 17 
Oct. 19 
Oct. 20 
Oct. 21 
Oct. 22 
Oct. 23 
Oct. 23 
Oct. 27 
Oct. 29 
Oct. 30 


199 

207 


Mr. BeauprC' to Mr. Hay (telegram) . 


1903. 
Oct. 31 
Nov. 1 


176 






Nov. 2 










179 








181 






Nov. 6 






Mr. Hay to Mr. Beaupre(te]egram) . 
Mr. Beaupre to Mr. Hay (telegram). 


Nov. 6 


183 




Nov. 7 


185 






186 






Nov. 9 




Mr. Hay to Mr. Beaupre (telegram) . 


Same to same (telegram) 


Nov. 11 


188 


Mr. Hay to Mr. Beaupre (telegram) . 
Mr. BeauprS to Mr. Hay (telegram) . 
Same to same (telegram) 


Nov. 11 




Mr. Beaupr6toMr. Hay (telegram). 
Same to same (telegram) 


Nov. 12 
Nov. 14 




Same to same (telegram) 


Same to same (telegram) 


Nov. 17 




Mr. Hay to Mr. Beaupr^ ( telegram) . 


Mr. Hay to Mr. Beaupr6( telegram) . 


Nov. 18 



Mr. Loomis to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washhigton, March 18, 1903. 
Inform Colombian Government Senate yesterday approved canal 
convention without amendment. 

Loomis, Acting. 



Mr. Hay to Mr. Beauj>re. 

[Telegram.] 

Department of State, 

Washington, Aiyril 7, 1903. 
Referring- to requests of Colombia to canal and railroad companies 
for appointment of agents to negotiate cancellation of the present con- 
cessions, et cetera, if the subject arises inform the Colombian Gov- 
ernment that the treat}" covers entire matter, and any change would 
be in violation of Spooner law and not permissible. 

Hay. 



Mr. Beaupre to Mr. Hay. 

No. 741.] Legation of the United States, 

Bogota, March 30, 1903. 

Sir: The matter of the ratification of the Panama Canal convention 
is intensely interesting to the people of this capital, and there is much 
public discussion of it. Without question public opinion is strongly 
against its ratification, but, of course, public opinion in Colombia is 
not necessarily a potent factor in controlling legislation. 

It is quite impossible to come to a definite conclusion as to the out- 
come until the result of the recent elections for members of Congress 
is known. It has been generally thought that the Government would 
be able to control the elections and that the members returned would 
be favorable to the administration's view on the canal question; but 
there has been serious disappointment to the governmental party in 
the result of some of the elections heard from, prominent and able 
members of the National part}", opposed to the Marroquin administra- 
tion and to the canal convention, have been elected. Ex-President 
Caro and Gen, Pedro Nel Ospina, Nationalists, are to represent the 
Department of Antioquia in the Senate. It seems altogether probable 



6 INTEROCEANIC CANAL. 

that unless the Government is thoroughly in earnest in its desire to 
have the convention ratified, it will not be done; and there is a possi- 
bility that it may not g"o through in an}- event. 

There is no public information as to the date at which the Congress 
will be called, but from private source I am given to understand that 
it will be aljout the 20th of May, owing to the slowness of returns 
from remote election districts. 

It is apparent lately that the French Canal Company is to take a 
decided interest in securing the ratification of the convention, and that 
its influence to that end will be of much importance. 
I am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 6.] Legation of the United States, 

Bogota, AprU 15, 1903. 

Sir: I have the honor to advise you that within the last month there 
has been such a sudden outburst of controversy, both in the Bogota 
press and among the public in this city, with regard to the Panama 
Canal convention that I feel it my duty to report on what I regard as 
the chances for and against its passing Congress. 

During the long revolution which has but lately come to an end the 
measures employed by the Government to prevent public discussion 
of affairs of state had the effect of destroying anything like public 
opinion. It may have been for this reason that when, in the early 
part of February last, news came of the signing of the canal conven- 
tion complete apathy on the subject seemed to reign, as far as the gen- 
eral public was concerned. The financial crisis had, previous to this 
announcement, reached a most acute stage, and the only feeling 
expressed was that of relief at the prospect of receiving $10,000,000, 
which was then considered sufficient to put in reasonably good condi- 
tion the finances of the country. I am convinced I am right in saying 
that the public had never expected better terms. The proof is that 
when the news of the signing of the convention came foreign exchange 
ran down from 10,000 per cent to 6,300 per cent, and when it was 
rumored that the United States Senate had refused its assent a panic 
immediatel}^ ensued on the market, and exchange at once rose again 
to over 10,000 per cent. 

This was the state of affairs until General Fernandez, the minister 
of Government in charge of the ministr}^ of finance, issued a circular 
to the Bogota press (which had suddenly sprung into existence), 
inviting discussion on the canal convention. The circular was to the 
effect that the Government had no preconceived wishes for or against 
the measure; that it was for Congress to decide, and Congress would 
be largely guided by public opinion. At the same time what pur- 
ported to be a translation of the text of the convention was published. 

Since then a complete revolution in feeling has taken place. From 
approbation to suspicion and from suspicion to decided opposition 
have been the phases of change in public sentiment during the last 
month. The newspapers of the cit}^ are full of strongly worded arti- 
cles denouncing the convention, and, in general, these articles show 
the most bitter hostility to a scheme which they represent as being the 



INTEROCEANIC CANAL. 7 

attempt of a strong nation to take an unfair advantage of the crisis 
through which Colombia is passing, and, for a paltry sum, rob her of 
one of the most valuable sources of wealth which the world contains. 
So ridiculous are the facts brought forward by these journalists in 
support of their arguments that they are not even worth comment. 
As, for instance, I may mention that one of the most widely read of 
the newspapers states, and brings forward a whole collection of figures 
in support of its statement, that on the initial deal alone the United 
States starts with a cleai- profit of $180,000,000. Absurd as such state- 
ments are, they voice the opinions and convictions of the Bogota 
public. 

This fact is clear, that if the proposed convention were to be sub- 
mitted to the free opinion of the people it would not pass. The Con- 
gress about to assemble has been elected under the supervision of 
Government officials, and a system of quite indigenous wire-pulling 
has undoubtedly been used; and yet, if Congress as now constituted 
were allowed to give a free vote, I feel convinced the convention would 
not be ratified. 

This, then, is the present state of affairs. As to what will happen 
it is impossible to predict; yet this much seems certain to me, if it is 
the wish of the Government that the convention be ratified it will be 
done. 

It now seems likely that Congress will be convened about the 25th 
of May next for twenty days. 

1 am, sir, your obedient servant, A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 10.] Legation of the United States, 

Bogota, April %Ip, 1903. 

Sir: I have the honor to refer to your telegram of the 7th instant, 
confirmed elsewhere, in regard to the negotiations for the cancella- 
tion of the present concessions of the Panama canal and railroad 
companies. 

The subject had not arisen, within my knowledge, but I deemed it 
best, in two interviews with the minister for foreign affairs, to bring 
the conversation as cautiously as possible to a point that would 
enlighten me. 1 can not say that his excellency showed any disposition 
to be entirely frank in the matter, but sufficient was said to elicit from 
him the information that such negotiations were at least under the 
consideration of the Colombian Government, if not actually started. 
I then imparted to the minister the purport of j^our telegram of the 
7th instant, whereupon he requested me to convey those instructions 
officially. This I did in a note, copy of which 1 herewith transmit. 
I am, sir, jonr obedient servant, 

A. M. Beaupre. 



[Inclosure.] 



Legation op the United States, 

Bogotd, April ^4, 1903. 
His Excellency Dr. Luis Carlos Rico, 

Minister for Foreign Affairs of the Republic of Colombia, etc. 
Sir; Eef erring to the two interviews I have had with your excellency, in which 
the question of the negotiations for the cancellation of the present concessions of the 



8 INTEROCEANIC CANAL. 

Panjjina Canal and Railroad companies and other matters were brought up, I have 
the honor to inform your excellency that I am in receipt of instructions from my 
Government on the subject. 

I am directed to inform your excellency, should the subject arise, that the entire 
matter above referred to is covered by the recently signed convention between the 
Republic of Colombia and the United States on the 22d of January last. Moreover, 
that any change would be in violation of the Spooner law and therefore not per- 
missible. 

I avail myself of this opportunity to renew to your excellency the assurances of 
my highest consideration. 

A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 13.] Legation of the United States, 

Bogota, April ^7, 1903. 

Sir: I have the honor to advise yow. that it seems quite impossible 
to tell just when the Congress will be convened. Forty days' notice is 
required, and no notice has as yet been given. 

In a conversation with the minister for foreign affairs I ascertained 
that the session would probablj^ commence at some time between the 
middle of June and the 1st of Jul}", but this is no more definite than 
the dates I have mentioned in my previous dispatches. 

The Government is evidenth^ " mending fences" in many election 
districts. It is said that owing to the disordered condition of the 
interior of the country, especially in the department of the Tolima, 
elections were illegally conducted, for which reason new elections 
were necessary. Hence the delay in calling Congress. 
I am, sir, your obedient servant, 

A. M. Beaupe:^. 



Mr. Hay to Mr. Beaupre. 

No. 6. J Department of State, 

AYasMngton, Aj)rU 28, 1903. 
Sir: I confirm to you my dispatch by cable of the 7th instant in the 
following terms: 

Washington, A^ml 7, 1903. 
American Minister, Bogota: 

Referring requests Colombia to canal and railroad companies for appointment 
agents negotiate cancellation present concessions, etc. 

If subject arises, inform Colombian Government that treaty covets entire matter 
and any change would be in violation of Spooner law and not permissible. 

Hay. 

and I now inclose to you copies of the notices given by the minister of 
hacienda of the Republic of Colombia to the New Panama Canal Com- 
pany and the Panama Railroad Company, respectively. 

You will observe that by these notices the Colombian Government 
contemplates the formal grant to these companies by the Colombian 
Congress of a further permission to transfer their concessions to the 
United States besides that contained in the treaty which is to be rati- 
fied hj that Congress. You will also note that as a preliminary to this 
permission the companies are expected to enter into agreements with 
Colombia for the authorization and canceling of all obligations of 
Colombia to either of them contracted by Colombia under the conces- 
sion. 



INTEEOCEANIC CANAL. 9 

Such action on the part of Colombia or on tliat of the companies 
would be inconsistent with the agreements already made between this 
Government and the canal compan}^, with the act of June 28, 1902, 
under the authorit}^ of which the treaty was made, and with the express 
terms of the treaty itself. 

By the act of June 28, 1902, the President was authorized to acquire, 
at a cost not exceeding 140,000,000, " the rights, privileges, franchises, 
concessions," and other propert}^ of the New Panama Canal Company, 
and an agreement to that end was made by him with the company. It 
was, of course, known to the President, to the companv, and to the 
Government of Colombia that, by articles 21 and 22 of the Salgar- 
W3^se concession of 1878, the company could not transfer to the United 
States its " rights, privileges, franchises, and concessions" without the 
consent of Colombia. Therefore, and before entering upon any deal- 
ings with the New Panama Canal Company, the present treaty with 
Colombia was negotiated and signed. 

The first article of that treaty provides as follows: 

The Government of Colombia authorizes the New Panama Canal Company to sell 
and transfer to the United States its rights, privileges, properties, and concessions, as 
well as the Panama Railroad and all the shares or parts of shares of said company. 

The authorization thus given, it will be observed, covers expressly 
the " rights, privileges, "•''' * * and concessions " of the company, 
as well as its other propert3^ 

_ Colombia, now, hj these notices, indicates a purpose not only of 
disregarding the authorization thus explicitly given (a matter to which 
I shall refer more at length later on), but to destroy a great part of 
the subject-matter to which it refers. She states an intention of 
requiring the company to cancel all obligations of Colombia to it, and 
thus to deprive the United States of the rights, privileges, and con- 
cessions which she has expressl}^ authorized the company to transfer 
to them, and which the canal compan}^ has contracted to sell and con- 
ve}^ to the United States. 

This Government can not approve such a transaction either by 
Colombia or by the company. If the company were to accede to the 
demands of Colombia, the President would be*^ unable to consummate 
the proposed purchase from it, for it would have surrendered to 
Colombia a material part of the property for which he is authorized 
to make payment. Nor could the treaty itself be carried out, inas- 
much as the payments to Colombia for which it provides are, by the 
express terms of Article XXV of the treaty itself, to be made in com- 
pensation, not only for the right to use the canal zone and to indem- 
nif}^ Colombia for the annuity which she renounces and the greater 
expenses which she may incur, but also "in compensation for other 
rights, privileges, and' exemptions granted to the United States." 
Among these other rights and privileges, one of the most important is 
the right of acquiring the rights, privileges, and concessions of the 
New Panama Canal Company, secured by Article I of the treaty, and 
if these rights, privileges, and concessions were to be canceled, it 
would fundamentally change the terms of purchase. 

The act of June 28, 1902, requires the President, if he should maks 
the purchase of the New Panama Canal Company, to acquire ite 
"rights, privileges, franchises, concessions." This act is annexed to 
the treaty, and the provisions of Article I of the treat v are framed 



10 INTEROCEANIC CANAL. 

expressly so as to enable this part of the law to be carried out. The 
action proposed b}' Colombia would constitute pro tanto an annulment 
of Article 1, would render impossible the execution of the law, and is 
wholly inadmissible. Equally inadmissible would be any action b}" the 
canal company in the direction indicated which would destro}' rights 
which it has agreed to convey to the United States. 

Nor, upon the question of an authorization b}' Colombia of the 
transfers proposed, can it be admitted that any further or other 
authorization than that contained in Article I of the treaty is required 
or would be proper. 

So far as the Panama Railroad Company is concerned, it is enough 
to point out that Articles XXVIII and XXIX of its contract with 
Colombia, and which contain the only provisions which impose any 
restriction upon any alienations of propert}^ connected with that com • 
pany, have no bearing upon any transaction now in contemplation. 
These articles declare that "the present privilege can not be ceded or 
transferred to any foreign government," under penalt}' of forfeiture. 
No transfer of this privilege by the comj)any is contemplated, nor, 
indeed, any transfer by the company of anything. The purchase by 
the United States from the New Panama Canal Company of certain 
shares of the railroad company is the only operation now proposed, 
and this does not affect the railroad company itself. To this transfer 
of shares the railroad company is not a party and in it the compan}'^ 
has no part. It neither makes it nor can it prevent it. Plainl}', there- 
fore, the provisions of the company's contract with the Colombian 
Government can have no application to such a transaction. This is 
irrespective of the rights in relation to the railroad property and con- 
cessions which the United States acquires under and pursuant to the 
provisions of the treaty itself. 

With regard to the New Panama Canal Company the situation is 
different in this respect, for that company will make a direct transfer 
of all its property and concessions to the United States, and such a 
transfer was originally forbidden by articles 21 and 22 of the Salgar- 
Wyse concession of 1878. 

Passing, for the moment, the terms of the treaty by which consent 
is given, the consent of the Colombian Government to the proposed 
sale has been given so repeatedly and in so many different ways, and 
has been so frequent}^ and officially brought to the notice of this Gov- 
ernment by the ministers plenipotentiary of Colombia, duly accredited 
to the United States, as to make it impossible for the Executive Gov- 
ernment of that Republic to retract it. The entire action of this 
Government upon the subject has been taken in reliance upon these 
official assurances of the consent of Colombia, and smj withdrawal or 
qualification of that consent would be wholly inconsistent with such 
assurances. 

In a memorandum presented by Doctor Martinez-Silva, then minister 
plenipotentiary of Colombia to the United States, to this Department 
on March 27, 1901, this Government was officially assured that the 
Republic of Colombia would authorize the canal company to transfer 
its concessions to the United States, provided onl}^ that the latter 
agree with Colombia upon the terms on which the canal is to be con- 
structed and operated by the United States. 

On April 29, 1901, the Colombian minister wrote M. Maurice Hutin, 
then president of the canal compan}^, requesting him to state generally 



INTEROCEANIC CANAL. 11 

the basis on which the company would transfer its property to the 
United States, assuming that the consent of Colombia be given. 

This letter M. Hutin answered on May 1, 1901, and a copy of his 
answer was by the minister handed to Admiral Walker, president of 
the Isthmian Canal Commission. M. Hutin thereupon took up nego- 
tiations directly with Admiral Walker, of which fact he notified the 
minister b}^ a letter of May 6, 1901. In answer to this letter the min- 
ister wrote M. Hutin on May 7, 1901, approving his action and stating 
to him the fact that it was stated that in the memorandum submitted 
by him to this Department "no condition is formulated relative to the 
sale of the private rights and interests of the company." 

It is in reliance upon these assurances, either made directly to this 
Government by the duly accredited minister of Colombia or communi- 
cated to it through his act, that the action resulting in the present 
treat}' has been taken, and to raise new conditions and impose new 
terms upon the consent thus freel}' tendered or to cancel any provi- 
sions of the concessions would be a complete departure from them. 
The Government of Colombia initiated the negotiations, and it can not 
be conceived that it should now disclaim its own propositions, nor can 
this Government acquiesce in such a course. 

It is further to be noted that the Republic of Colombia is the second 
largest shareholder in the New Panama Canal Company. At the meet- 
ing of the shareholders of this compan}' held on December 21, 1901, at 
which the board of directors was authorized to make the proposal of 
sale to the United States which has been accepted, the Republic was 
represented by M. Uribe, her consul-general at Paris, specially accred- 
ited for that purpose, who was one of the officers of the meeting and 
voted the shares of Colombia in favor of the sale. Similarly at the 
meeting of the board of directors of the company on December 23 
1901, M. Samper, the representative of the Colombian Government 
on the board, voted in favor of the sale. 

It is not to be supposed that these representatives of Colombia acted 
without or contrary to instructions, nor has their action ever been dis- 
avowed by their Government. 

These various considerations show that the Republic of Colombia is 
fully committed to the United States, wholly apart from her express 
agreement by the treaty, to consent fully and freely to the acquisition 
of the property of the New Panama Canal Company by the United 
States without other terms or conditions than those embodied in the 
treaty. It is not necessary here to consider the questions of good faith 
toward the canal company which would be raised by new exactions of 
that company at this time. 

The foregoing considerations, however, though sufficient in them- 
selves to justify this Government in declining to recognize an 3^ right 
in the Republic of Colombia to limit the consent given by Article I of 
the treaty by any terms or conditions of any kind, are less important 
than others arising from the actual negotiations attending the making 
of the treaty. These other considerations render it impossible that any 
such new limitations should even be considered and give any attempt 
by Colombia in that direction the character of a serious departure from 
the agreement reached between the Executive Governments of the two 
nations. 

The treaty in its present form is the result of certain modifications 
in an original form presented to the Department of State by Mr. Jose 



12 INTEROCEANIC CANAL. 

Vicente Concha, minister plenipotentiar}^ of Colombia to the United 
States, on March 81, 1!H)'2. This form of treat}' represented the 
original proposal of Colombia to the United States, and was presented 
by Mr. Concha shortly after the recall of the former minister, Dr. 
Martinez Sih'a. In this draft the terms of Article 1, by which Co- 
lombia authorizes the sale by the New Panama Canal Company to 
transfer its property to the United States, were the same as in the 
actual treaty. In fact, this article has undergone no change in any of 
the negotiations and it now expresses Colombia's original proposal. 

No change in it was ever even suggested by Colombia, in all the dis- 
cussions by which the presentation of the original treaty was followed, 
until November 11, 1902. On that day Mr. Concha submitted to this 
Department a ?nemorandum of certain changes which he desired made 
in the treat}' as it then stood. In this memorandum a modification of 
Article I was proposed in the following terms: 

This same article shall clearly state that the permission accorded by Colombia to 
the canal and the railroad companies to transfer their rights to the United States 
shall be regulated by a previous special arrangement entered into by Colombia with 
the said company, and for which they have been notified that they are to appoint an 
attorney at Bogota. 

To this proposal this Department answered that " the United States 
considers this suggestion wholly inadmissible." The proposition was 
then abandoned by Colombia, and the treaty, as has. been said, was 
signed by authorit}' of her Government, without any modification of 
the absolute authorization to the compan}' to sell. 

It will thus be seen that this proposition to make Colombia's consent 
to the sale dependent upon an agreement between that country and the 
canal company is not new; that it has already been made to this Gov- 
ernment and rejected, and that it was onh' upon the abandonment of 
it that the treat}' was signed. It is impossible that this Government 
should even discuss the matter any further or permit this rejected and 
abandoned proposition to be put in force under any form. 

The argument which it is understood has been advanced by Colombia 
in support of her pretensions upon this point (that the concession of 
the canal company, by its approval by the Colombian Congress, has 
become a law of Colombia, and must be obeyed as it stands until by 
another law it has been amended) can be allowed no force. The con- 
tract of concession was approved by the Colombian Congress in obe- 
dience to the provisions of Title VI, article 76, of the constitution of 
Colombia. The present treaty is to be ratified by the Congress of 
Colombia under the provisions of the same title and the same article 
in the same way. If every force be allowed to the constitution of 
Colombia, it can not be admitted that the approval of the treaty by 
the Congress should not be as etl'ectual as approval by the same body 
of a new contract between the company and Colombia. 

But the considerations which led to the rejection of the proposal of 
the Colombian minister in his memorandum of November 11, 1902, are 
of themselves decisive of the point. 

The consent of Colombia to the sale of the canal company's property 
and concessions to the United States is a matter of agreement between 
the two nations. It has not been granted by Colombia to the company 
alone, but also to the United States. To that agreement neither the 
canal nor the railroad company is or can be a party; nor can the 
United States permit its international compacts to be dependent in any 



INTEEOCEANIC CANAL. 13 

degree upon the action of any private corporation. Such a course 
would be consistent neither with the dignity of either nation nor with 
their interests. To make the effectiveness of the agreement between 
Colombia and the United States depend upon the willingness of the 
canal company to enter into arrangements with Colombia, of a char- 
acter satisfactory to that country, would not only give that company 
an influence which it can never be permitted to exercise in the diplo- 
matic affairs and international relations of this country, but would 
enable it to control the acquisition by the United States of the rights 
granted by Colombia and the enjoyment by Colombia of the equivalent 
advantages secured to her by the United States. 

It may be noted further that such a course would practically nullify 
Article 1 of the treaty. That article grants an unconditional consent 
to the sale. But if there be added the condition of an agreement 
between Colombia and the canal company this consent is wholly nuga- 
tory. No such arrangement may be reached, and in that case Article 
I of the treaty would never practically take effect. Such a possibility 
alone renders any such plan wholly impossible. 

Upon every ground, therefore, "the present proposals of the Colom- 
bian Government to make its consent to the sale to the United States 
of the property and rights of the New Panama Canal Company, con- 
tained in Article I of the present treaty, dependent upon arrangements 
between it and either the canal or the railroad company, is wholly 
inadmissible, and if the subject arises you will inform that Government 
that the United States can approve no dealings between either of these 
companies and Colombia relating either to that consent or to the sale. 
I am, sir, your obedient servant, 

John Hay. 

[Inclosures.] 

1. Mr. Jose Ramon Lago to the president of the New Panama Canal Company, 
December 24, 1902. 

2. Mr. Lago to the attorney of the Panama Railroad Company, December 27, 1902. 



[Republic of Colombia, ministry of finance, No. 36. First section, Panama Canal and Railroad 

division.] 

Bogota, December 24, 1902. 
Mr. President of the New Panama Canal Company, 

7 Rue Louis-le- Grand, Paris. 

The congress of this country being about to meet shortly to consider among other 
matters that relative to the permission which the Government of Colombia is to 
grant, should occasion arise, to the New Panama Canal Company to make a transfer 
of its concessions to the Government of the United States of America in consequence 
of the negotiations which have begun and are going on upon the subject, this depart- 
ment has thought it its duty to inform the company over, which you worthily preside, 
of this fact, in order that it may appoint in this capital, if it think fit, a represen- 
tative of it who should be present Avhen the sessions of that high body take place, 
provided with ample and sufficient authority and power to deal with all the points 
which are to be settled with the company concerning the rights and obligations 
existing between it and this Republic; an appointment which may be conferred upon 
its present agent, Mr. Alexander Mancini, if the same company thinks fit. 

It will not be superfluous to inform you that the government of my country, in 
view of the great interests which the French people have in this coUossal enterprise, 
will not in any way oppose, and on the contrary, will support and second the grant- 
ing of the permission for the transfer of the concession; but it will demand and 
require from the concessionary company, if this be done, by way of return, a sum of 



14 INTEROOEANIC CANAL. 

money which shall be previously agreed upon, and the cancellation on the part of 
the company of every (accion) undertaking or obligation which the Government of 
Colombia has contracted by virtue of the concession for the opening of the Isthmus 
of Panama, up to the date on which it passes to the new concern. 
I am, your very obedient, faithful servant, 

Jose Ramon Lago. 



[Republic of Colombia, ministry of finance, No. 38. First .section, Canal and Panama Railroad 

division.] 

Bogota, December 27, 1902. 
Mr. Dr. Eladio Gutierrez, 

Attorney Panama Batlroad Company, E. L. C: 

The congress of Colombia being about to meet shortly to consider among other 
matters that, relative to the permission which the Government of this Republic is to 
grant, should occasion arise, to the New Panama Canal Company, to make a trans- 
fer of its concession to the Government of the United States of America, in conse- 
quence of the negotiations which have been begun and are going on upon the subject, 
this ministry has thought it its duty to inform the company, worthily represented by 
you, of this fact, in order that it may appoint in this capital, if it think tit, a repre- 
sentative who should be present at the time when the sessions of that high body 
take place, provided with ample and sufficient authority and power to deal with all 
the points which are to be settled with the company concerning the rights and obli- 
gations existing between it and this Republic. 

It will not be superfluous to inform you, in order that you may so notify the Pan- 
ama Railroad Company, if you think fit, that the government will not in any way 
oppose and, on the contrary, will second and support the granting of the permission 
for the transfer of the concession, but it will demand and require, if there shall be 
occasion for it, a sum of money which shall be previously agreed upon and the can- 
cellation, on the part of the same company, of every (accion) undertaking and obli- 
gation which the Government of Colombia has contracted by virtue of the concession 
for the construction of the Panama Railroad up to date on which it passes to the 
new concern. 

I am your obedient, faithful servant, J. R. Lago. 



Mr. Beaxqjre to Mr. Hay. 

No. 17.] Legation of the United States, 

Bogota, May. Jp, 1903. 

Sir: I have the honor to advise that the opposition to the ratifi- 
cation of the canal convention is intensifying. The press is teeming 
with articles rancorous in enmity to the proposed treat}^, while public 
opinion is veering into a current of extreme bitterness against the 
authors of the pact, especially Mr. Herran. 

A gentleman of my acquaintance prepared an article favorable to 
the convention and sent it to the publisher of a newspaper here. The 
article was declined, and the writer admonished that it would be to his 
welfare, with his views, to keep out of the controversy. 

Mr. Mancini, the representative of the French Canal Company at 
the capital, says that he is emphatically of the opinion that the Con- 
gress will refuse to ratify the convention, and that he has written to 
his company to that effect. He also said that while there was a moral 
obligation clearly upon the Government to defend a contract of its 
own making, it had not done so, and evidently did not intend to do 
so. It is entirely impossible to convince these people that the Nica- 
ragua route was ever seriously considered by the United States; that 
the negotiations concerning it had any other motive than the squeezing 
of an advantageous bargain out of Colombia; nor that any other than 



INTEROCEANIC CANAL. 15 

the Panama route ever will be selected. Therefore, it is conteiided, 
and generallj- believed, that there is no immediate necessity of con- 
firming the Hav-Herran conventiou; that the negotiations can be 
safeh' prolonged, in the end securing 'very much better terms for 
Colombia. . , i 

The public discussion is largely along the lines ot the loss ot the 
national honor by the surrender of sovereignty: that the clause in the 
convention guaranteeing sovereignty means nothing, because the lease 
is perpetual; that the whole contract is favorable to the United States 
and detrimental to Colombia. 

Private discussion, which perhaps more clearly reflects the real situa- 
tion, is to the eflect that the price is inadequate; that a much greater 
sum of money can be obtained, and that the United States can be obli- 
gated to guarantee the sovereignty of Colombian ports outside the 
department of Panama against the invasion or seizure by foreign 
enemies. The one great determining point, however, is the belief that 
the price can be greath' augmented. 

The Congress has not been called, but it is still thought that the ses- 
sion will commence about the 1st of July. 
1 am, sir, vour obedient servant. 

A. M. Beaupre. 



Mr. Beawpri to Mr. Soy. 

No. 18.] Legation of the United States, 

Bogota.; May 5. 1903. 
Sir: I have the honor to advise you that information has reached 
me through a private source to the effect that within a week or two 
the Colombian Government will send Gen. Marcellano Vargas, a son- 
in-law of Vice-President Marroquin, to Washington, to negotiate for 
better or different terms in connection with the Panama Canal con- 
vention. 

I am, sir, j'our obedient servant, 

A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, May 7, 1903. 
Mav 7, 4 p. m. : Special session of Congress has been called for 

June "20. 

Beaupre. 



3fr. Btavpre to Mr. Hay. 

No. 19.] Legation of the United States, 

Bogota, May 7, 1903. 

Sir: I have the honor to adrise you that in the course of a conver- 
sation 1 had vesterdav with one of the ablest and most distinguished 



16 INTEROCEANIC CANAL. 

of Colombians, who is in close touch with the vice-president and his 
administration, the question of the Panama Canal convention oppor- 
tunely and confidentially arose. 

His views are interesting and entitled to considei'ation, and from 
them I gather that the tremendous tide of public opinion against the 
canal treaty is appalling to the (iovernment, and there is, in conse- 
quence, a diversity of opinion among its members as to the proper 
course to pursue. Some are in favor of forcing contirmation through 
Congress, while others, dreading the effect of such action in the pres- 
ent state of the public mind, counsel moderation and delay, and the 
adoption of measures to change public sentiment into a more favorable 
channel. 

All of the enemies of the Government are united in an onslaught upon 
the canal convention. ^lany of them are sincere, of course, in their 
opposition to the propped treaty as such, but man}^ more, regarding 
it as an administration measure and at present unpopular, are assailing 
it with the indirect object of undermining the Government. 

M}' informant is of the opinion that the convention ma}^ eventually 
be confirmed, but only after much discussion and maneuvering in Con- 
gress. The probabilities are that when the measure is presented to 
Congress there will be a lengthy debate and an adverse vote. Then the 
representatives of the coast departments of the Cauca, Panama, and 
Bolivar will ask for a reconsideration, and urge a ratification of the 
convention as the only means of preventing the secession of those 
departments and the attempt to constitute of their territories an inde- 
pendent republic. The debate will be resumed and in the end the friends 
of the Government and of confirmation will prevail. 

My informant is on such intimate terms with the chief officers of the 
Government that 1 deem it best to transmit his statements for your 
consideration. 

I am, sir, your obedient servant, 

A, M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. S-i.] Legation of the United States, 

Bogota, May 12, 1903. 
Sir: In my No. lY, of the 4th instant, 1 referred to the abuse which 
the authors of the Panama Canal convention were receiving at the 
hands of the press of the countr3^ Apropos of this, I have the honor 
to give you an extract from an article written by Dr. Juan B. Perez y 
Sota, a senator in the coming Congress from the Department of Panama, 
which appeared in El Correo Nacional of j^esterday. The article is 
long, abounds in vituperation, and closes as follows: 

The Herran treaty will be rejected, and rejected by a unanimous vote in both 
chambers. That is what I hope, since there will not be a single representative of the 
nation who will believe the voice of people who have sold themselves; who have had 
the brazenness to recommend the shameful compact. The insult, however, which 
Herran has cast upon the Colombian name will never be wiped out. 

The gallows would be a small punishment for a criminal of this class. 

I am, sir, j^our obedient servant, 

A. M. Beaupre. 



INTEROCEANIC CANAL. 17 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, May 28, 1903. (Received 9.28 p. m., 29.) 
Ma3^ 28, 10 a. m. Am informed that the President has received a 
telegram relating to large number United States employees lately 
arrived at Isthmus. If explanation should be asked, what answer shall 
i make i It it is true, it will intensify opposition to the ratification of 
tne convention. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

^o- ^^-l LecxAtion of the United States, 

Bogota. May 28, 'lOOS. 

Sir: Referring to my telegram of this date, elsewhere confirmed I 
have the honor to advise you that there was considerable excitement 
about the Government palace yesterday upon the receipt of news that 
about loO employees of the United States had arrived at the Isthmus 
''"wu'^wf T' sent to the Governor of Panama asking for information.' 

n bile the better informed seemed to understand that such employees 
were but necessary to the commission in the work it was eno-aP-ed upon 
others were disposed to take a more unfriendly view, and alt were of 
the opinion that in the present excitable condition of the public mind 
the news, if it proved true, would have an unfavorable efi'ect upon the 
ratification of the canal convention. 

I am, sir, your obedient servant, 

A. M. Beaupre. 

Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

^ ■ Washington, May 30. 1903. 

Ihe report that there is a large number of United States ofiicials or 

PnIhf"'Th-'r "'''■' '''^^''Yuy ^^J«e- J^eny it promptly and emphati- 

w^ T' aT' ^^«^^e"™ent has three engineers there inspecting canal 

woi k. Also there may be a few engineers sent by private contractors. 

Hay. 



Mr. Hay to Mr. Beaupre. 

^"-I Department of State, 

Washinqton, June ^, 1903. 
of Anril aTVI ^.^l^^^o^^ffe the receipt of your No. 6, confidential, 
of April lo, last, in regard to the Panama Canal Convention. 
1 our report has been read with much interest. 
S. Doc. 51 2 



18 INTEROCEANIC CANAL. 

The Department expects 3^011 to keep it fully informed respecting 
the situation in Bogota and Colombia, so far as the ratification of the 
treaty is concerned. 

From your long residence there you ought to be in a position to be 
in close touch with ever}' phase of the situation and to know and under- 
stand the intricacies of Colombian politics as the}'^ may bear upon the 
very important question at issue. The Department desires all of the 
pertinent, accurate information that itcan obtain, and wants it promptl}'. 
You should, when the time seems opportune, in so far as you discreet!}^ 
and properly may, exert your influence in favor of ratification. It is 
also expected that you will know what hostile influences, if an}', are at 
work against the ratification of the treat}^, and whether or not there is 
opposition to it from European sources. The situation is seemingl}- a 
grave one, but the Department has confidence that you will rise to the 
full measure of its requirements. 

I am, sir, your obedient servant, John Hay. 



M/'. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, June 9, 1903. 
The Colombian Government apparently does not appreciate the 
gravity of the situation. The canal negotiations were initiated by 
Colombia, and were energeticall}' pressed upon this Government for 
several years. The propositions presented by Colombia, with slight 
modifications, were finally accepted by us. In virtue of this agree- 
ment our Congress reversed its previous judgment and decided upon 
the Panama route. If Colombia should now reject the treaty or unduly 
delay its ratification, the friendly understanding between the two 
countries would be so seriously compromised that action might be 
taken by the Congress next winter which ever}^ friend of Colombia 
would regret. Confidential. Communicate substance of this verbally 
to the minister of foreign affairs. If he desires it, give him a copy in 
form of memorandum. 

Hay. 



Mr. Beauj>re to Mr. Hay. 

No. 44.] Legation of the United States, 

Bogota, June 10, 1903. 

Sir: Referring to the Department's No. 6 of April 28, 1903, con- 
cerning the request of the Colombian Government to the Panama 
Canal and Railroad companies for the appointment of agents to nego- 
tiate the cancellation of present concessions, etc., and considering that 
the subject had arisen, as reported in my No. 10 of April 24, 1903, I 
have the honor to report that I have this day addressed a note to the 
minister for foreign affairs pursuant to the Department's instructions. 

TIerewith I transmit a cop}' of said note. 
I am, sir, yoiu* obedient servant, 

A. M. Beaupre. 



INTEROCEANIC CANAL. 19 

^ [Inclosure.] 

Legation of the United States, 

Bogota, June 10, 1903. 
His Excellency Luis Carlos Kico, 

Minister for Foreign Affairs of the Republic of Colombia. 

Sir: Referring to the note which I had the honor to address to your excellency 
on April 24, 1903, concerning the requests of the Colombian Government to the 
Panama Canal and Railroad companies for the appointment of agents to negotiate 
the cancellation of present concessions, etc., I now inclose to you copies of the notice 
given by the minister of hacienda of the Republic of Colombia to the New Panama 
Canal Company and the Panama Railroad Company. 

Your excellency will observe that by these notices the Colombian Government 
contemplates the formal grant to these companies by the Colombian Congress of a 
further permission to transfer their concessions to the United States besides that 
contained in the treaty which is to be ratified by that Congress. Your excellency 
will also note that, as a preliminary to this permission, the companies are expectecl 
to enter into agreements with Colombia for the authorization and cancelling of all 
obligations of Colombia to either of them contracted by Colombia under the 
concessions. 

Such action on the part of Colombia or on the part of the companies would be 
inconsistent with the agreements already made between my Government and the 
canal company, with the act of June 28, 1902, under the authority of which the 
treaty was made, and with the express terms of the treaty itself. 

By the act of June 28, 1902, the President of the United States w^as authorized to 
acquire, at a cost not exceeding $40,000,000, "the rights, privileges, franchises, con- 
cessions," and other property of the New Panama Canal Company, and an agreement 
to that end was made by him with the company. It was, of course, known to the 
President, to the company, and to the Governmient of Colombia that, by articles 21 
and 22 of the Salgar-Wyse concession of 1878, the company could not transfer to the 
United States its "rights, privileges, franchises, and concessions" without the con- 
sent of Colombia. Therefore, and before entering upon any dealings with the New 
Panama Canal Company, the present treaty with Colombia was negotiated and 
signed. 

The first article of that treaty provides as follows: 

"The Government of Colombia authorizes the New Panama Canal Company to 
sell and transfer to the United States its rights, privileges, properties, and conces- 
sions, as well as the Panama Railroad and all the shares or parts of shares of said 
company. ' ' 

The authorization thus given, it will be observed, covers expressly the 'rights, 
privileges, * * * and concessions" of the company, as well as its other 
property. 

Colombia, now, by these notices, indicates a purpose not only of disregarding the 
authorization thus explicitly given (a matter to which I shall" refer more at length 
later on), but to destroy a great part of the subject-matter to which it refers. She 
states an intention of requiring the company to cancel all obligations of Colombia 
to it, and thus to deprive the United States of the rights, privileges, and concessions 
which she has expressly authorized the company to transfer to them, and which the 
canal company has contracted to sell and convey to the United States. 

My Government can not approve such a transaction either by Colombia or by the 
company. If the company were to accede to the demands of Colombia, the Presi- 
dent of the United States would be unable to consummate the proposed purchase 
from it, for it would have surrendered to Colombia a material part of the property 
for which he is authorized to make payment. Nor could the treatv itself be carried 
out, inasmuch as the payments to Colombia, for which it provides, are, by the 
express terms of Article XXV of the treaty itself, to be made in compensation, not 
only for the right to use the canal zone and to indemnify Colombia for the annuity 
which she renounces and the greater expenses which she may incur, but also, "in 
compensation for other rights, privileges, and exemptions granted to the United 
States." Among these other rights and privileges, one of the most important is the 
right of acquiring the rights, privileges, and concessions of the New Panama Canal 
Company, secured by Article I of the treaty; and if these rights, privileges, and con- 
cessions were to be canceled, it would fundamentally change the terms of purchase. 

The act of June 28, 1902, requires the President of' the United States, if he should 
make the purchase of the New Panama Canal Company, to acquire its "rights, 
privileges, and franchises and concessions." This act is annexed to the treatv, and 
the provisions of Article I of the treaty are framed expresslv so as to enable this part 



20 INTEROCEANIC CANAL. 

of the law to be carried out. The action proposed by Colombia would constitute 

{)ro tanto an annulment of Article I, would render impossiVjle the execution of the 
aw, and is wholly inadmissible. E(iualiy ina<lmissible would be any action by the 
canal company in the direction indicated which would destroy riglits it has agreed 
to convey to the United States. 

Nor upon the question of an authorization by Colombia of the transfers proposed 
can it be admittetl that any further or other authorization than that contained in 
Article 1 of the treaty is required or would be proper. 

So far as the Panama Kailroad is concerned, it is enough to point out that articles 
28 and 29 of its contract with C!olombia, and which contain the only provisions which 
impose any restrictions upon any alienations of iiroperty connected with that com- 
pany, have no liearing on any transaction now in contemplation. These articles 
declare that "the present privilege can not be ceded or transferred to any t'orwgn 
Government" under penalty of forfeiture. No transfer of this privilege by the com- 
pany is contemplated, nor, indeed, any transfer by the company of anything. The 
purchase by the United States from the New Panama Canal Company of certain 
shares of the railroad company is the only operation now proposed, and this does not 
affect the railroad company itself. To this transfer of shares the railroad company 
is not a party, and in it the company has no part. It neither makes it nor can it 
prevent it. Plainly, therefore, the provisions of the company's contract with the 
Colombian Government can have no application to such a transaction. This is irre- 
spective of the rights in relation to the railroad property and concessions which the 
United States acquires under and pursuant to the provisions of the treaty itself. 

Witli regard to the New Panama Canal Company the situation is different, in this 
respect, for that company will make a direct transfer of all its property and conces- 
sions to the United States, and such a transfer was originally forbidden by articles 21 
and 22 of the Salger-Wyse concession of 1878. 

Passing, for the moment, the terms of the treaty by which consent is given, the 
consent of the Colombian Government to the jiroposed sale has been given so repeat- 
edly and in so many different ways and has been so frequently and officially brought 
to the notice of my Government by the ministers plenipotentiary of Colombia duly 
accredited to the United States, as to make it imi^ossibie for the executive govern- 
ment of that Rei^ublic to retract it. The entire action of my Government upon the 
subjec^t has been taken in reliance upon these official assurances of the consent of 
Colombia, and any withdrawal of qualification of that consent would be wholly 
inconsistent with such assurances. 

In a memorandum presented by Dr. Martinez-Silva, then minister plenipotentiary 
of Colombia to the United States, to the Department of State at Washington on 
March 27, 1901, my Government was officially assured that the Ilepublic of Colom- 
bia would authorize the canal company to transfer its concessions to the United 
States, provided only that the latter agree with Colomlna upon the terms on which 
the canal is to be constructed and operated by the United States. 

On April 29, 1901, the Colombian minister wrote M. Maurice Hutin, then presi- 
dent of the canal company, I'equesting him to state generally the basis on which the 
company would transfer its property to the United States, assuming that the consent 
of Colombia be given. 

This letter M. Hutin answered on May 1, 1901, and a copy of his answer was by 
the minister handed to Admiral Walker, president of the Isthmian Canal Commis- 
sion. M. Hutin thereupon took up negotiations directly with Admiral Walker, of 
which fact he notified the minister by a letter of May 6, 1901. In answer to this 
letter the minister wrote M. Hutin on May 7, 1901, approving his action and stating 
to him the fact that it was stated in the memorandum submitted by him to the 
Department of State "no condition is formulated relative to the sale of the private 
rights and interests of the company." 

It is in reliance upon these assurances, either made directly to my Government by 
the duly accredited minister of Colombia, or communicated to it through his act, 
that the action resulting in the present treaty has been taken, and to raise new 
conditions and impose new terms upon the consent thus freely tendered, or to cancel 
any provisions of the concessions, would be a complete departure from them. The 
Government of Colomljia initiated the negotiations, and it can not be conceived 
that it should now disclaim its own propositions, nor can my Government accjuiesce 
in such a course. 

It is further to be noted that the Republic of Colombia is the second largest share- 
holder in the New Panama Canal Company. At a meeting of the shareholders of 
this company held on December 21, 190l, at which the board of directors w^as author- 
ized to make the proposal of sale to the United States, which has been accepted, the 
Ilepublic was represented by M. Uribe, her consul-general at Paris, specially accred- 



IISTEROCEANIC CANAL. 21 

ited for that purpose, who was one of the officers of the meeting and voted the shares 
of Colombia in favor of the sale. Similarly, at the meeting of the board of directors 
of the company on December 23, 1901, M. Samper, the representative of the Colom- 
bian Government on the board, voted in favor of the sale. 

It is not to be supposed that these representatives of Colombia acted without or con- 
trary to instructions, nor has their action ever been disavowed by their Government. 

These various considerations show that the Republic of Colombia is fully com- 
mitted to the United vStates, wholly apart from her express agreement by the treaty, 
to consent fully and freely to the acquisition of the property of the New Panama 
Canal Company by the United States, without other terms or conditions than those 
embodied in the treaty. It is not necessary here to consider the questions of good 
faith toward the canal company which would be raised by new exactions of that 
company at this time. 

The foregoing considerations, however, though sufficient in themselves to justify my 
Government in declining to recognize anj^ right in the Republic to limit the consent 
given by article 1 of the treaty bj' any terms or conditions of any kind, are less im- 
portant than others arising from the actual negotiations attending the making of the 
treaty. These other considerations render it impossible that anj' such new limitations 
should even be considered and give any attempt by Colombia in that direction the 
character of a serious departure from the agreement reached between the Executive 
Governments of the two nations. 

The treaty in its present form is the result of certain modifications in the original 
form presented to the Department of State by Mr. Jose Vicente Concha, minister 
plenipotentiary of Colombia to the United States, on March 31, 1902. This form of 
treaty represented the original proposal of Colombia to the United States, and was 
presented by Mr. Concha shortly after the recall of the former minister, Mr. Marti- 
nez-Silva. In this draft the terms of article 1, by which Colombia authorizes the 
sale of the New Panama Canal Company to transfer its property to the United States, 
were the same as in the actual treaty. In fact, this article has undergone no change 
in any of the negotiations, and it now expresses Colombia's original proposal. 

No change in it was ever even suggested by Colombia, in all the discussions by 
which the presentation of the original treaty was followed, luitil November 11, 1902. 
On that day Mr. Concha submitted to the Department of State a memorandum of 
certain changes which he desired made in the treaty as it then stood. In this mem- 
orandum a modification of article 1 was proposed in the following terms: 

"This same article shall clearly state that the permission accorded by Colombia to 
the canal and railroad companies to transfer their rights to the United States shall 
be regulated by a previous special arrangement entered into by Colombia with the 
said company, and for which they have been notified that they are to appoint an 
attorney at Bogota." 

To this proposal the Department of State answered that "the United States con- 
siders this suggestion wholly inadmissible." The proposition was then abandoned 
by Colombia, and the treaty, as has been said, was signed by authority of her Gov- 
ernment, without any modification of the absolute authorization to the company 
to sell. 

It will thus be seen that this proposition to make Colombia's consent to the sale 
dependent upon an agreement between that country and the canal company is not new ; 
that it has already been made to my Government and rejected, and that it was only 
upon the abandonment of it that the treaty was signed. It is impossible that my 
Government should even discuss the matter any further or permit this rejected and 
abandoned proposition to be put in force under any form. 

The argument which it is understood has been advanced by Colombia in support 
of her pretensions upon this pouit (that the concession of the canal company, by its 
approval by the Colombian Congress, has become a law of Colombia, and must be 
obeyed as it stands, until by another law it has been amended) can be allowed no 
force. The contract of conce:^sion was approved by the Colombian Congress in obe- 
dience to the provisions of Title VI, article 76, of the constitution of Colombia. 
The present treaty is to be ratified by the Congress of Colombia under the provisions 
of the same title and the same article in the same way. If every force be allowed to 
the constitution of Colombia, it can not be admitted that the approval of the treaty 
by the Congress should not be as effectual as approval by the same body of a new con- 
tract between the company and Colombia. But the considerations which led to the 
rejection of the proposal of the Colombian minister in his memorandum of November 
11, 19U2, are of themselves decisive of the point. 

The consent of Colombia to the sale of the canal company's property and conces- 
sions to the United States is a matter of agreement between the two nations. It has not 
been srranted by Colombia to the company alone, but also to the United States. To 



22 INTEROCEANIC CANAL. 

that agreement neither the canal nor railroad companies are or can he a party; nor 
can the United States permit its international compacts to be dependent in any 
degree upon the action of any private corporation. Such a course would be consistent 
neither with the dignity of either nation nor with their interests. To make the 
effectiveness of the agreement between Colombia and the United States depend upon 
the wilUngness of the canal company to enter into arrangements witli Colombia of a 
character satisfactory to that country, would not only give that company an influence 
which it can never be permitted to exercise in the diplomatic affairs and international 
relations of my country, but Mould enable it to control the acquisition by the United 
States of tlie rights granted by Colombia and the enjoyment by Colombia of the 
equivalent advantages secured to her by the United States. 

It may be noted further that such a course would practically nullify article 1 of 
the treaty. That article grants an unconditional consent to the sale. But if there 
be added the condition of an agreement between Colombia and the canal company, 
this consent is wholly nugatory. No such arrangement may be reached, and in that 
case article 1 of the treaty would never practically take effect. Such a possibility 
alone renders any such plan impossible. 

Upon every ground, therefore, the present proposals of the Colombian Govern- 
ment to make its consent to the sale to the United States of the property and rights 
of the New Panama Canal Company, contained in article 1 of the present treaty, 
dependent upon arrangements between it and either the canal or railroad company, 
is wholly inadmissible, and if the subject arises you will inform that Government 
that the United States can approve no such dealings between either of these com- 
panies and Colombia relating either to that consent or the sale. 
I avail myself, etc., 

(Signed) A. M. Beaupre. 



Mr. Beauj^re to Mr. Hay. 

No. 45.] Legation of the United States, 

Bogota, June 10, 1903. 

Sir: Evidentl}^ a decided eJS'ort is being made to change public 
opinion into a more favorable consideration of the canal convention. 
Many strong men are now supporting it who but a short time ago 
were with the opposition. The great majority of people still continue 
to believe, however, that the convention will not be ratified. 

Mr. Mancini, the local agent of the Panama Canal (Jompanj^, has 
informed me that he had received an official note from the Colombian 
Government, stating that it did not think that the convention would 
be ratified, because of the opinion that the compensation was insuffi- 
cient, but that if the canal company would pay to Colombia about 
$10,000,000 ratification could be secured. Mr. Mancini has notified 
his company of this note. 

Members of Congress are arriving for the session which commences 
on June 20 instant. 

I am, sir, your obedient servant, 

A. M. Beaupre. 



M7\ Beaupre to Mr. Hay. 

No. 48.] Legation of the United States, 

Bogota, June 13, 1903. 
Sir: Referring to the Department's telegram of the 9th instant, 
elsewhere confirmed, I have the honor to advise j^ou that I have had 
an interview with the minister for foreign aft'airs, in which I com- 
municated to him the substance of ni}" instructions, and also left with 
him a memorandum containing a substantial copy of said telegram. 



INTEROCEANIC CANAL. 



23 



The minister's first question was as to what action by our Congress 
was contemplated — whether it meant action against Colombia, or the 
adoption of the Nicaragua route — to which I replied that I had received 
no other instructions than those contained in the telegram, and that I 
could not, therefore, aid him in construing it. 

He said in substance, that it must be understood that no matter what 
the Government's actions or desires ma}'' have been in the preliminary 
negotiations, a treat}^ could not be made without the approval of Con- 
gress; that this was true in the United States as well as Colombia; 
that the Colombian Congress was very soon to meet, and that upon it 
would devolve the consideration of all these matters. 

I replied that his propositions were true enough in the abstract, but 
that in view of the facts, as outlined in the telegram, it seemed to me 
that it was incumbent upon the Government to acquaint the Congress 
with all the circumstances connected with the negotiations up to the 
signing of the convention, and to use all its influence to secure a 
ratification. 

He said that he would lay the matter before the vice-president for 
his consideration. 

I am, sir, your obedient servant, 

A. M. Beaupee. 



3£r. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., June 17., 1903. (Received 6.10 p. m.. June 25.) 
June 17, 1: p. ra. Members of Congress arriving. Opposition to 
the ratifications of the canal convention is ver}^ strong. Public opinion 
is that the convention will not be ratified. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

' United States Legation, 

Bogota, June 17., 1903. (Received June 25, 1903, 6.15 p. m.) 
I can not obtain from the Colombian Government withdrawal of 
the quarantine at Panama, or any modification of orders. The matter 
left to governor of Panama, with discretionary power. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 55.] Legation of the United States, 

Bogota, June SO, 1903. 
Sir: Referring to my No. 48, of the 13th instant, I have the honor 
^o report that I have received from the minister for foreign affairs a 



24 INTEROCEANIC CANAL. 

counter memorandum relating- to the Department's telegram of the 
9th instant, and to the Panama Canal negotiations. 

A cop3' and translation of the same are herewith inclosed. 
1 am, sir, your obedient servant, 

A. M. BeauprJc. 



[Inclosure— Translation.] 



Department of Foreign Affairs, 

Bogota, June 18, 1903. 



COUNTER MEMORANDUM. 



In the memorandum presented to this department by the minister of the United 
States, personal!}', on the 13th of the present month, he says he has received instruc- 
tions from his Government, by cable, to state that it seems that the Government of 
Colombia does not appreciate the gravity of the situation; that the negotiations for 
the opening of the Panama Canal were initiated by Colombia, and energetically 
pushed during several years; that the projwsitions presented by this Republic were 
finally accepted with slight modifications; that in virtue of theagreement, the Con- 
gress of the United States reversed its former judgment and decided for the Panama 
route, and that if Colombia rejects the treaty or unduly delays its ratification, the 
friendly understanding between the two countries would "be so seriously com- 
promised that the Congress of the United States might take measures which would 
be regretted by every friend of Colombia. 

This ministry deems it indispensable to make the following observations, which it 
respectfully presents to the minister for transmission to his Government: 

The fact of Colombia having initiated the negotiations does not demand the approval 
of the saaig by that Gov^ernment, for the approval of Congress is necessary to the 
ratificatioa of them, to which is given the constitutional power of approving or dis- 
approving the treaties which the Government makes; this formality was recognized 
in the beginnin,^ by the Government of the United States in the course of the 
negotiations, as is seen in articles 25, 26, and 28 of the project of the convention 
signed November 2S, 1902. 

One of those articles (the twenty-fifth) says, textually, that the convention shall be 

tified at a time when it is approved by the legislative bodies of both countries, and 

at condition is stipulated in articles 25 and 28 of the convention signed in Wash- 

gton on January 22, 1903, the last of which articles in the part pertaining to this 
matter is as follows: 

"The convention, when signed by the contracting parties, shall be ratified accord- 
ing to the laws of the respective countries, and shall be exchanged at Washington 
within a term of eight months from this date, or earlier if possible." 

The Government of the United States sent the convention to the Senate with the 
request that it be confirmed, and in that body the debate was so long and vehement 
that it was not approved until in the following extra session, and if it had been rejected 
it would have been without any diminution of any right of Colombia, just as its 
rejection here will be without any diminution of any right of the United States. 

Having proposed a negotiation does not necessarily imply that it is to be approved, 
either in whole or in part, by the legislative body of the country which began it. 
Among intermltional instances which prove this statement can be cited the instance 
which occurred between the same United States of America and P^ngland over the 
projection for the abrogation of the Clayton-Bulwer treaty of 1850, which project, 
if 1 am not badly informed, was initiated by the Government of the United States, 
and notwithstanding that the Senate proposed that it be modified in the following 
terms: 

•'It is determined, however, that none of the preceding stipulations and modifica- 
tions in i^aragraphs 1, 2, 3, 4, and 5 of this article (2) shall apply to the methods 
wliich the United States believe it necessary to make to secure with their military 
forces the defense of the United States and the maintenance of the public order." 

The British Government did not accept this modification, and this refusal deferred, 
for a long time, the approval and ratification of the treaty. 

If the initiation of negotiations of a convention should imply the correlative obli- 
gation of approval bj' the legislative body, the submitting of such convention to 
their decision would be an illusion (superfluous), for the power to make treaties 
with foreign powers would be in reality vested solely in tlie executive power, which 
is openly contrary to the spirit and the letter of the constitution of this Republic. 



INTEROCEANIC CANAL. 25 

The Government of Coloml^ia has given to the negotiation all the importance per- 
taining thereto, on account of the great political and commercial interests involved. 
This is unmistakably shown in a note which the minister of this department, Hon. 
Sr. Paul, sent on September 25, 1902, to the governors of the departments, in which 
he invited them to discuss and study with all freedom, through the press, the project 
of the treaty and the documents which should be published, with the object that 
when Congress should meet the country should be sufficiently instructed in that 
which particularly applied to the patriotic interests, and their representatives in the 
legislative bodies could easily reach a solution which would harmonize with the 
rights and benefits of the Republic. 

There is a very notable difference between some of the propositions presented by 
Colombia and the respective modifications introduced by the United States. 

That difference is apparent comparing the memorandum {presented by the Colom- 
bian legation on March 31, 1903, with the proposed bases by the Seci'etary of State, 
especially those referring to the sovereignty of the zone, judicial jurisdiction in same, 
and the price of compensation for the use of the same for the mere proprietorship of 
the Panama Railroad, and for the rent of §250,000 demanded for the same railroad, 
likewise as to the rights, privileges, and exemptions which she gave. It is further 
to be observed that in the memorandum of the legation the establishment of tribunals 
in the zone was not mentioned, while the Secretary of State, in a project sent with 
his note of November 18, 1902, proposed it, and that they be divided into three 
classes, Colombians, Americans, and mixed; as also in the Colombian memoi'andum, 
a sum of $7,000,000 American gold was asked and an annual sum which was to be 
determined as a price for the enjoyment of the railroad and fee for use of the zone, 
and in attention to other circumstances. The Secretary of State only offered a sum 
of $7,000,000 and an annual rent of $100,000, or if preferred, a sum of $10,000,000 and 
an annual rent of $10,000. The Government ordered the legation to ask a sum of 
$10,000,000 and an annuity of $600,000. The Secretary of State, in a note which 
had the form of an ultimatum, reduced the rent to $250,000. The diminution of 
$350,000 in a period of only one hundred years represents a difference of $35,000,000, 
and as the convention will probably last more than a century, it is clear that the 
difference is no light matter, but of much consideration. 

It is also well to make known here what was a motive of substantial difference, 
that the canal and railroad companies can not transfer their privileges without the 
authority of the Colombian Government and without arrangement of their pending 
business. 

The broad manner in which the Government of the United States has interpreted 
the stipulation of the projected convention in this respect has caused the refusal of 
the companies to enter into arrangements which ought to precede the ratification 
and exchange, among others, that relative to the shares which Colombia has in the 
capital of the New Panama Canal Company, a refusal which makes difficult the leg- 
islative approval of the pact. This ministry had not known that the United States 
revoked any law in order to make possible the treaty with Colombia. The Govern- 
ment of the Republic ordered its representative in Washington to sign the pact in 
the belief that, in conformity with article 4 of the law approved June 28, 1902 
(Spooner bill), if the Government of the United States could not obtain from the 
Government of Colombia dominion over the necessary territory for the work, nor 
the rights mentioned in articles 1 and 2 of the said law, nor a satisfactory title to the 
properties of the New Panama Canal Company, the Pr-esident of the United States, 
by medium of the Isthmian Canal Commission, would dig and construct a canal for 
boats by the Nicaragua route. In consequence the Government of Colombia, which 
has held in view of this law that the base of the treaty on the part of the United 
States is according as it has been expressed in the introduction ac'companying the 
treaty, has derived the correct conclusion that the only result that can affect 
adversely the interests of this nation, if their Congress should reject the project of 
the treaty, is that the Government of the ITnited States will cease negotiations and 
adopt the Nicaragua route for the construction of the canal. 

When is there such an undue delay in the ratification of a treaty which will tend 
to cause a serious compromise in the friendly relations with the contracting party? 

In this country there would be an undue delay if, the ratification having been 
ordered by the law, the executive power should show a disijosition to disregai'd it 
with the evident purpose of causing injury to his own country or the other nation 
interested in the pact. 

But as has already been expressed, the previous requisite of legislative approval is 
indisi^ensable for the exchange of ratifications, and before this is done the treaty is 
but a project which, according to the law of nations, has no rights or obligations, 
and for the same reason, according to that law, to reject or delay its i-atification 



26 INTEROCEANIO CANAL. 

is not cause for the acioption of measures tending to alter the friendly relations 
between the two countries. If such were the case the jjrepnring of the pact would 
be the occasion of a serious danger instead of an element (jf peace and progress, of 
which Colombia has no fear in that the political relations of the great Kepublic, 
which offered the blood of its sons to libei-ate Cuba, and after having stopped the 
disintegration of Venezuela, as a result of their boundary dispute with Great Britain, 
deeds which have been made notorious before the world, in most solemn manner, as 
showing tlieir determination to procure and preserve the indeiiendence, sovereignty, 
and integrity of the American nations. 

If the Congress, using its inherent jjrerogative of national sovereignty, rejects the 
pact in question because, in their judguient it is not for the benefit of the Republic, 
it will be, I am sure, with nuich regret that it can not comply with the desires of the 
Government and the Congress of the United iStates; but feeling confident for reasons 
of justice that by this act it will not have altered in any particular tlie friendly rela- 
tions which fortunately exist between the two Republics, and to the preservation of 
which Colombia attaches the highest importance. 

The Minister: 

(Signed) Luis Carlos Rico. 



Mr. Beaupre to Mr. Hay. 

No. 56.] Legation of the United States, 

Bogota, June W, 1903. 
8ir: I have the honor to confirm ni}- telegram of this date, which 
should read as follows: 

June 20, 5 p. m. Extra session of Congress convened to-day. Joaquin Velez, 
president of the Senate; Jose Medina Calderon, president of the Chamber of Repre- 
sentatives. The President's message deals with canal convention as follows: "To 
my Government has been presented this dilemma; either it lets our sovereignty suffer 
detriment or renounces certain pecuniary advantages, to which, according to the 
opinion of many, we have a right. In the first case to consent to the sacrifice of our 
sovereignty and not aspiring to great indemnification, the just wishes of the inhabi- 
tants of Panama and other Colombians would be satisfied if the canal were opened, 
but the Government would be exposed to the charge afterwards that it did not defend 
our sovereignty and that it did not defend the interests of the nation. In the second 
case, if the canal is not opened by Panama the Government will be accused for not 
having allowed Colombia that benefit which is regarded as the commencement of our 
aggrandizement. I have already allowed my wish to be understood that the canal 
should be opened through our territorj^ I believe that even at the cost of sacrifices 
we ought not to put obstacles to such a grand undertaking, because it is an immensely 
beneficial enterprise for the country, and also because once the canal is opened by the 
United States our relations will become more intimate and extensive, while our indus- 
tries, commerce, and our wealth will gain incalculably. I leave the full responsibility 
the decision of this matter brings with Congress. I do not pretend to make my 
opinion weigh. When I have given instructions to our representative in Washington 
it has been coupled with the order that the decision of this important matter 
must be left with Congress. After years in which the question has been treated in a 
vague way without precise conditions, it is now presented in a way to obtain practical 
ancl positive results. It has been oUr indisputable diplomatic triumph that the 
Senate and Government of the United States should declare, notwithstanding every 
effort to the contrary, the superiority of the Colombian route." 

I am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 57.] Legation of the United States, 

Bogota, June W, 1903. 
Sir: 1 have the honor to report that the National Congress met in 
extra session on Saturday, the 20th instant, at 1 o'clock p. m. 



INTEBOOEANIC CANAL. 27 

In the Senate Gen. eJoaquin F. Velez was elected president; Dr. 
Antonio Gomez Restrepo, first vice-president; Luis A. Mesa, second 
vice-president, and Miguel A. Penarredonda, secretary. 

In the Chamber of Representatives Jose Medina Calderon was 
elected president; Carlos Matamoras, first vice-president; Guillernas 
Valencia, second vice-president; Dr. Fernando Restrepro Briceno, 
secretary. 

There was not a full attendance, but sufficient for a quorum in each 
house. 

As 1 have heretofore predicted, there is a full and ample majority of 
the friends of the Government in both houses of Congress, and such 
legislation as the Government may seriously desire will be enacted. 

Under the laws the officers are elected for one month, and as Gen- 
eral Velez, the president of the Senate, is one of the most vehement 
and outspoken of the enemies of the canal convention, I take it that 
there will be no canal legislation undertaken during the first month of 
Congress. 

It is understood that to-morrow a special message will be sent to the 
Senate upon the canal matter, but that the session will be a secret one. 
1 am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Becmpre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, June 23, 1903. (Received June 27, 1903.) 
Confidential. Friends of the Government have control in Congress. 
I believe any legislation seriously desired by the Government will pass. 

Beaupre. 



Mr. Bean/pre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, June 25, 1903. (Received June 27, 1903.) 
Opposition Chamber of Representatives opened canal discussion 
yesterday demanding documents relating to the treaty. The Govern- 
ment objected because it was not ready to present the treaty. The 
Government was sustained; vote 88 to 5. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, June 26, 1903. 
Confidential. Am informed that the treaty will not be presented 
until the President is confident it will be confirmed. Chamber of Repre- 



28 INTEROCEANIC CANAL. 

sentatives is favorable, but unfriendly influence makes the majority in 
the Senate uncertain. Absentees have been sent for and the Govern- 
ment usino- influence on Senators here. Do you desire me to telegraph 
such information^ 

Beaupke. 



Mr. Benupr^ to Mr. Hay. 

No. 67.] Legation of the United States, 

Bogota., July i, 1903. 
Sir: Referring- to the Department's No. 6 of April 28, 1903, and to 
mj^ No. 44 of June 10, 1903, concerning the request of the Colombian 
Government to the Panama Canal and Railroad companies for the 
appointment of agents to negotiate the cancellation of present conces- 
sions, etc., I have the honor to report that on yesterday I received a 
note from the minister for foreign aflairs in replv to mine of the 10th 
ultimo, a copy and translation of which 1 herewith transmit. 
I am, sir, j^our obedient servant, 

A. M. Beaupre. 



Ministry for Foreign Relations, 

Bogota, June 27, 1903. 

Mr. Minister: I have the honor to receive the attentive note which your excel- 
lency has been pleased to address to me on the 10th of the present month, with the 
English version of the notes in which the minister of hacienda of Colombia requested 
the railroad company and the New Panama Canal Company to name agents to repre- 
sent them in the negotiations relative to the permission which is necessary for the 
transfer of their respective concessions to the Government of the United States. 

The Congress being in session, to which belongs the decision as to the approbation 
of the treaty between the Republic of Colombia and the United States for the con- 
struction of the interoceanic canal between the Atlantic and Pacific oceans, the said 
note of your excellency will be presented to that body to the end that they may know 
the construction that the Government of the United States gives to article 1 of that 
compact. 

The Congress of Colombia in determining the meaning, and, at the same time, the 
scope of article 1 of the treaty, will have to consult the antecedents of the negotia- 
tions, among which are found the said notes of the minister of hacienda, which have 
the dates 25th and 27th of December, 1902, respectively, while the treaty for the 
opening of the interoceanic Canal was signed January 22, 1903; for this reason they 
were not interpretations of the pact, but they were destined to prevent certain fore- 
seen eventualities in the course of the negotiations, as is seen in that which the 
minister of Colombia expressed in his memorial addressed to the Secretary of State 
in Washington the 22d of November, 1902. 

In paragraph b, section A, it says: 

"The preceding reasons serve in part also to show the necessity which exists that 
the Government of Colombia celebrate a special contract with the companies which 
are to cede their rights;" but to this must be added that the treaty alone between 
Colombia and the United States can not have the judicial effect of resolving or can- 
celing the legal bonds which exist between the Republic of Colombia and those com- 
panies, bonds arising from a perfect contract which can not be dissolved, in conformity 
with the principles of universal jurisprudence, because one of the parties celebrates 
a compact, on the same material, with a third, which in this case would be the 
United States. 

As in the same way the United States must celebrate a contract in order to acquire 
the rights of the said companies, and that negotiation can not be included in the 
treaty which is to be celebrated between the two countries, neither can the resolu- 
tion of the obligation between Colombia and the two companies be verified in the 
treaty. 

If such were admitted, it would result that Colombia, relinquishing all her rights 
in relation with these entities (corporations?), or depriving herself of the means to 



INTEROCEANIC CANAL. 29 

make them effective, would leave in force her obligations to them. The very pay- 
ment of the privileged shares which Colombia possesses in the canal company would 
not have any guarantee by the omission of a special contract, so much the more so 
that in the proposed reform by the Department of State to article 1 of the memoran- 
dum of April, it was clearly expressed that the United States would not contract any 
obligation in that respect ("no obligation under this provision is imposed upon or 
assumed by the United States"). 

The affirmations of your excellency as to the legality of the sale to a foreign gov- 
ernment of the shares of the Panama Railway and by that manner to transfer the 
controlof the work, imposes upon me the duty to calfyour excellency's attention to 
a veiy important circumstance, in that the necessity for the consent of Colombia to 
that sale is recognized in article 1 of the treaty, and to manifest to your excellency 
that each share, by representing a certain proportionate value of the privilege, or, 
that is, of the railroad itself, and the transfer of that to a foreign government'being 
prohibited, the shares can not be sold, because with them they would become copart- 
ners in the property of the privilege, which is judicially inadmissible. 

The restrictive condition of the contracts of 1850 and 1867 do not exclude from the 
penalty of forfeiture the sale of portions of the privilege. 

This is indivisible as to the rights conceded and the obligations imposed, and if it 
were not so the result would be that if a foreign government bought the total or a 
greater part of the shares, it would become, by this means, proprietor of the rail- 
road, or at least of a part so great of its value that it would give to it the administra- 
tionof the work, and in this way the prohibition of the sale of the privilege to a 
foreign government would be eluded. 

Your excellency knows very well that any interpretation ought to be discarded 
that makes illusionary that which is stipulated, and in this case the condition in ref- 
erence would be reached if any proceeding was admitted by which the privilege for 
the construction and exploitation of the railroad could be transferred to a foreign 
government. 

I avail myself, etc. , 

(Signed) Luis Carlos Rico. 

To His Excellency, Hon. A. M. Beaupre, 

Minister Plenipotentiary of the United States, etc. 



Mr. Loomis to Mr. Beaupre. 

[Telegram.] 

Department of State, 
Washington., July i, 1903. 
Have 3^ou fully acquainted Colombian Government with Department 
instruction of April 28? Keep Department informed as to situation. 

LooMis, Acting. 



Mr. Beau2we to Mr. Ray. 

No- 68.] Legation of the United States, 

Bogota, July 2, 1903. 
Sir: I have the honor to confirm my telegram of this date, which 
should read as follows: 

"July 2, 9 a. m. Confidential. Have received information, pri- 
vately, that the President had a meeting of senators at the palace yes- 
terday, urging the necessity of the ratification of the treatv. Heated 
discussion ensued, the majority declaring in opposition to'the treatv. 
At present the majority in the senate seem against ratification." 
1 am, sir, your obedient servant, 

A. M. Beaupre. 



30 INTEROCEANIC CANAL. 

3fr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., July 5, 1903. (Received July 9.) 

1 have fully acquainted Colombian Government with your instruc- 
tions of April 28. The reply of ministry for foreij^-n affairs I have 
the honor to transmit. Summary of reply as follows: 

My note will be referred to Congress that it ma}^ know the con- 
struction given article 1 by the Government of the United States. To 
determine meaning article 1 Congress will take into consideration all 
negotiations prior to signing the treat}^ including the notices minister 
hacienda to companies, which, antedating the treaty, are not explan- 
atory thereof, intended in anticipation of foreseen events in the nego- 
tiations. See paragraph B, section A, memorial Colombian minister 
to the Department, 22d last November. The treaty alone can not can- 
cel obligations betAveen Colombia and companies as well. The United 
States must make contract to acquire rights bf the companies which 
can not be included in the treat3^ Were this not so Colombia, while 
relinquishing her rights, would yet be bound by obligations to com- 
panies. To omit contract Colombia would have no guarantee for the 
payment of her shares in canal company, especially as in article 1 of 
the memorandum of April obligation of this kind is waived by the 
United States. Nec^essity for consent of Colombia to sale of shares 
Panama Railway recognized in article 1 the treaty. The minister 
aiBrms the prohibition extends to purchase of one or more shares, as 
b}'" this means control could be secured and the prohibition eluded. 

Beaupre. 



Mr. Beaupre to Mr. TIaii. 

[Telegram.] 

United States Legation, 
. Bogota, -My 5, 1903. (Received July 12, 1903.) 
Confidential. Have received information privately that a para- 
phrase of your cipher telegram June 9 was read in the Senate secret 
session. Created sensation. Construed by manj^ as a threat of direct 
retaliation against Colombia in case the treaty is not ratified. This, 
and the statement of just-arrived members of Congress from Panama 
that this department would revolt if the treaty is not ratified, caused 
alarm, and the ejffect is favorable. Unusual honors extended legation 
of the United States Ith of July. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 72.] Legation of the United States, 

Bogota, July 6, 1903. 

Sir: Referring to my No. 60 of June 21, 1903, with which I trans- 
mitted a copy of the President's message to Congress, I now have the 
honor to inclose herewith a translation of said message. 
I am, sir, your obedient servant, 

A. M. Beaupre.. 



IFTEROCEANIC CANAL. 31 

Honorable Senators and Representatives: 

Full of joy and smiling hopes I see to-day fulfilled the greatest of my desires in 
that I see reunited the National Congress. The afilicted country hopes through your 
intelligence and your love of it a remedy for the ills which oppress it. And I hope 
to see myself, for the greater part, relieved of the immense responsibility which has 
weighed over me, that of caring personally for the salvation of the institutions and 
the administration of the public business, by the meeting of the legislators. 

The profound disturbance of the public order, which began in 1899, prevented the 
fulfillment of the laws in regard to elections, and consequently the reunion of Congress 
which ought to have taken place in 1900 and 1902. 

Therefore there arose a political situation unforeseen by the constitution and the 
law, in that the Government was forced to assume the functions of legislation as well 
as to protect itself against those who sought to destroy it by force, and to attend to 
the satisfaction of many necessities of all classes. 

One of these necessities was that the National Congress should be formed and 
reunited, but this could not be attended to during the war, because many of the cities 
of the Republic were occupied, either continuously or for short times, by the forces 
of the rebels, and on this accQunt the legal authorities could not reside in them nor 
exercise their proper functions. 

I was authorized to call Congress in extraordinary session, but I could not have an 
election for members of the House of Kepresentatives, nor was there a complete 
number of Senators. Such being the circumstances, I resolved that as soon as the 
battles had ceased or been made insignificant I would see that an election was held 
for members of the departmental assemblies and for representatives, designating for 
each one of the acts prescribed by the election laws a different date from the one 
fixed by them. 

In doing this I was moved by the fact that the Congress would owe its existence 
to this, and would not fail to approve it, and also that the question of the opening of 
an interoceanic canal by way of Panama demanded a more prompt solution than 
could be given by the Congress which ought to reunite on the 20th of July, 1904. 
For in this light it was possible that the deferring of the solution which the Govern- 
ment of the United States hoped from Colombia would be equivalent to a definite 
renunciation of the project of the contract. 

Neither could I refuse to call Congress, having offered on various solemn occasions 
and in important documents, and having contracted to do so in my name, by agents 
as authorized and as respectable as those who signed the surrenders at the end of the 
war. 

At the same time that I have hoped that the legislature, in the session of this year, 
would solve that question, I have desired and hoped also that it would solve others 
of supreme importance, and that it would take measures to remedy the infinite evils 
caused by the late war, and prepare and open for Colombia an era of greatness, pros- 
perity, and peace. 

The constitution, which authorized me to take measures which in time of peace 
could not have been exercised without consent of Congress, imposes on those gov- 
erning the duty to give to that body, peace being declared, a reasonable account of 
the acts executed in the exercise of those extraordinary powers. This account ought 
tobe prepared and completed in the forms which, according to the constitution, the 
ministers of Government have to give to Congress in their ordinary sessions. The 
ministers of my Government have made efforts to have ready the said reports; but 
they have only been able to prepare the main proofs, and at present it is impossible 
to make it complete. The disorder in which, on account of the last revolution, the 
public administration of all branches have been thrown for the last three years, and 
the lack of communications which in all that time was almost total, and which is 
still so, have made, and now make it impossible to collect the necessary data which 
have to be gotten in all the ofiices of the Republic^data which can not, without 
great labor, be collected before July of next year. 

The ministers of Government will give you all the information necessary for the 
study and investigation of these points, and which they have acquired in many cases 
not without great study of these same questions and great difiiculty. 

A continuation of this message would require the placing therein the data of the 
ministers, data which I have not cared to include in this document because they 
would give to it excessive length. 

The ministers will submit to you for your consideration the businesses for which it 
is urgent that you provide legislation. 

In my proclamation addressed to my fellow-citizens on the Ist of January of this 
year, I set forth most of the views that I should state now. Allow me to transcribe 
here some fragments of that document. 

[Note. — This message of the vice-president to the nation I will give a summary of 
rather than a translation.] 



32 INTEROCEANIC CAMAL. 

Poctor Marroquin begins by congratulating the country on the conclusion of peace, 
which is owing, he says, to the unselfish patriotism of so many Colombians who gra- 
tuitously lent tlieir services. He refers to the revolution which broke out in 1899 as 
being tlie severest which this country has yet experienced, owing to the dissensions 
among the members of the Conservative party; the open support given by foreigners; 
secret machinations in the countries of Eurojie and America with the object of 
impeding the acquisition of munitions of war; of a foreign press placed at the service 
of the disturbers of order; and sickness, the child of war, wliich ravaging entire 
army corps, has frustrated plans and embarassed operations. The result has been to 
bring about immense suffering, and to place the finances of the country, which were 
already in a bad condition, in the most critical situation the country has ever known. 
At the same time a spirit of speculation has been rile, and unfortunately many of 
those who ought to have done their utmost to bring about a restoration of peace, have 
for this very reason desired the continuance of hostilities. 

After enumerating the many evils which the country has suffered, he refers to the 
interoceanic canal, on the results of which undertaking he buildshis hopes for future 
prosperity. He justifies the arbitrary action of the executive power by the results, 
i. e., by an honorable peace. The war has had this advantage, that it has taught 
the people, to their cost, the blessings inseparable from peace. He desires hence- 
forth to rule as the chief not of a party but ol the entire nation. His excellency 
+hen goes on to the policy to be adopted in the future. He frankly acknowledges 
the errors committed in the past, which were tlie cause of continuous revolutions. 
Colombians must set out to work, each in their own particular si)here. It must be 
work and not politics. Politics, as this country has up to now considered the term, 
has nothing less than the furthering of personal interests at the expense of the public 
welfare. He refers with satisfaction to the approaching elections, to the fact that 
this country will henceforth be ruled by a constitutional government. Attention 
must be directed toward the improvement of the means of communication, and he 
trusts that this is a matter which will be seriously considered by the legislative cham- 
bers. The questions between this and other countries he expresses himself willing to 
settle and refers favorably to recourse to arbitration. He sympathizes with the 
troubles of his sister country, Venezuela, but states at the same time that such 
troubles are the action of a short-sighted government which does not know how to 
respect the rights of others. He speaks passingly of the troubles between Colombia 
and Venezuela, but the solution of such differences lies in the railway. Better com- 
munications will lead to better knowledge of neighboring States, and smooth all dis- 
agreements. Also when this country is networked Avith railroads the energy of a 
large part of the population, which is at present expended in fomenting discord, 
will be turned into channels more profitable to themselves and to the countrj'. 

The vice-president then turns to the financial situation. He states frankly that 
the (lovernment will have to continue as before, having recourse to emissions of 
paper money. The solution of the economic question lies in the gradual enrichment 
of the country. Every facility must be given to exports, so that in time their value 
shall exceed that of imports. Industry must be encouraged, so as to lessen the neces- 
sity of importing articles from abroad. To further this it will be necessary to push 
with all energy the construction of railways, which, he says, have under similar cir- 
cumstances been the salvation of Chile, the Argentine Republic, and Mexico. Then 
there comes the question of revenues, which have become completely disorganized. 
Fresh taxes will have to be imposed, which he trusts the coimtrj' will pay with good 
will. With the adoption of these measures the economic problem will resolve itself and 
the paper money will obtain its normal value; i. e., it will be at par with silver. This 
is the only solution, which can be attained neither by theories nor original plans of 
economists, nor laws, decrees, nor foreign loans. He congratulates himself that all 
his efforts to obtain a loan abroad have resulted in failure, as now none of the revenues 
of the country are burdened. He regrets being able to present no more jirompt plan 
for remedying the financial situation. 

With regard to the question of the completion of the interoceanic canal, the vice- 
president says as follows: 

"Incidentally at the beginning of this address I touched on the question of the 
opening of the interoceanic canal. I feel it, however, my duty to explain to you 
more fully the opinion of the Government on this important matter. My Govern- 
ment is faced with this dilemma: AVe must either allow our sovereign rights to suffer 
and renounce certain pecuniary advantages to which, as many opine, we have a right, 
or we must rigorously stand up for our sovereign rights and claim peremptorily the 
pecuniary indemnization to wiiich we have a right to consider ourselves entitled. In 
the first case — that is, should we consent to the curtailment of our sovereignty and 
not aspire to the full indemnity, should the canal be opened through Panama, the 
just wishes of the inhabitants of that department and of all Colombians will be 



INTEEOCEAISriC CANAL. 33 

satisfied; but the Government lays itself open to being charged in the future with 
not having duly defended our sovereignty and with having sacrifiiced the interests 
of the nation. In the second case, should the canal not be opened through Panama 
it will be laid to the charge of the Government that it did not allow Colombia to 
benefit by this undertaking which is regarded as the foundation of our future great- 
ness. I have already expressed my desire that the interoceanic canal should be 
opened through our territory. I think that, even at the cost of making sacrifices, 
we should put no obstacle in the way of so great an undertaking, for it means an 
enormous material improvement for our country, and, should the canal once be 
opened by the people of the United States, our relations with that people would be 
drawn closer. The result would be an incalculable gain to our industry, our com- 
merce, and our wealth. Happily for me, the immense responsibility of coming to 
a decision falls to Congress. That is the body which has to give its approbation or 
disapprobation of the agreement proposed by the Government of the United States." 
The vice-president, at the conclusion of his address, expresses his regret at not 
being able to place a more cheering outlook before the country, but it is as well it 
should realize the difficulties which the people will have to aid him to overcome. 

More than once I have solemnly promised to lav again before Congress the mes- 
sage that I addressed in 1898 about reforms. Some of said reforms were passed that 
year. Such as were neither considered nor embodied in our legislation I now sub- 
mit to your consideration, recommending them as proper in their nature and con- 
ducive to the very material and paramount purpose of conciliating the aspirations 
of our political parties, thus arriving at an accord among the Colombians and assur- 
ing that tranquillity which more than ever is necessary under the circumstances. 
A printed copy of the above-mentioned message will be presented to you. 
At the beginning of this year I asserted that, owing to the action taken by the 
Government, the effects of peace had commenced to be appreciated. With stronger 
reason can I assure it to-day. It was feared that to the disarmament of the enemies 
of the Government, vengeance and brutal violence would ensue; but owing to the 
Christian feelings that still animate our people, we had not seen such horrors real- 
ized. Industrial and mercantile movement has revived in every visible way, and 
in every quarter of the nation we can see such as were yesterday fetching their' gain 
through violence and depredation devoted to their usual occupations. Let this con- 
soling spectacle be a lesson to the Colombians and make them understand how great 
the power of peace is, and how much we should expect when it is solid and lastino'. 
But if private individuals have begun to enjoy that supreme and long-wished-for 
benefit; if their enterprises are again prosperous; if they see that the day is not 
distant when they shall successfully crown their effort, for the public powers the 
termination of the combats did not, and could not, produce immediately those 
advantageous results. 

I shall not mention unimportant engagements in which the Government troops 
have recently been compelled to punish obstinate rebels, nor shall I mention either 
those acts showing that the danger of an invasion into our territory has not altogether 
disappeared; but I will point out the fact that public administration in the capital 
departments, and municipalities is still encumbered by greater obstacles than such as 
in any other period of our independent life. Owing to the financial and economical 
situation, from which we scarcely begin to disengage, thediflficulties to govern Colombia 
are now not less serious than those we had to combat in the roughest period of the 
war, and if in order to conquer the enemy under arms the Government was compelled 
to make use of such powers with which all of us are invested to defend life, not less 
legitimate and necessary was the use that after the actual fighting the Government 
made similar powers in order to defend and maintain social and political life— the 
life of the Eepublic. 

Although fighting was almost over toward the end of November last, nevertheless 
public order was not on that account restored. The authorities were unable to dis- 
charge their duties in a regular way; communications with the several sections of the 
Kepubhc remained as difficult as they were during the war. If it is true that the 
enemies of the institutions showed themselves unanimously anxious to keep peace 
those who defended or did not combat them being divided into numerous antago- 
nistic and political groups, however ready they may be to take arms anew for the 
deiense of the same institutions in case it should be necessary, have not offered the 
Government the assistance through which it could have restored to the country in a 
short time the repose and welfare that it is so much in want of. The Government 
received early this year from different quarters of the Eepublic alarming communi- 
cations and intelligence respecting new plans to disturb public order and on facts 
making the possibility of the continuance of our differences with two of the neigh- 
boring Kepublics patent. 

S. Doc. 51 3 



34 INTEROCEANIC CANAL. 

Notwithstanding? the foregoing, the Government, desirous to inspire the Colom- 
bians with tlie assurance tliat they may rely upon the guaranties offered them by 
the constitution and laws, has declared public order restored and lias abdicated such 
authorities as under the martial law have permitted it to provide for its own defense 
and existence. 

Between this declaration and the disarmament of the adversary much shorter 
space has elapsed than it has been the case between the end of any of our other revo- 
lutions and the return to a normal state of affairs. Whoever takes into considera- 
tion that none of our previous wars lasted so long as the recent one, which has 
shaken the country with confusion, disturbances, ruin, and disorder, would repute 
that period much sliorter still than the otliers. 

To what I set forth in the proclamation, fragments of which I have inserted in 
this message, as to the necessity of constructing railways and as to the canal question, 
I have likewise to add what I hereafter suggest. 

If the remedy to our evils lies in the construction of roads to promote industry and 
trade, that work is to-day more necessary than before, for the purpose of offering a 
scope to the activity of our people, now impoverished and demoralized by the recent 
disturbance. Such work should also be a remedy to stop the difficulties which 
oppress trade in the northern part of the Republic. The construction of a railway 
to connect that section of the country with the Magdalena River is of imperative 
necessity. Our disputes with Venezuela can not definitely come to an end until trade 
in Santander can make use of an independent route. Perhaps in a short time, and 
such is my desire, we will be able to come to an understanding with the Republic; 
but such Government can not assure us that the succeeding ones would respect our 
rights. 

When I took upon myself the responsibility of the government of my country, I 
had made up my mind to impede to the utmost that for the construction of railways 
and for any ottier undertakings of that kind we should negotiate with foreigners. 
The unpleasant impressions resulting from certain contracts had led me to form that 
resolution; and in my quahty of supreme magistrate I have to feel more earnestly 
than before, and more than the rest of my fellow-citizens, those impressions. To 
the contracts alluded to are owing in a great part the conflicts and misfortune that 
we have endured during the recent war, as well as the difficulties that we have with 
great trouble to combat. 

Still, I have been compelled to change my mind in that respect. On the one hand 
I have come to the conclusion that the construction of railways is but the necessity 
of a self-preservation; on the other hand I have realized the impossibility of carry- 
ing out any works of such magnitude with the resources obtained by the Govern- 
ment so long as our treasure, credit, and revenues are in the condition in which they 
are at present. In the same manner I have realized the impossibility for private 
Colombian associations to take over and carry out the scheme above referred to. 

In other Spanish- American nations railways have been constructed through con- 
tracts made with foreign companies. Why should we not be able to do the same in 
our country? The bad result of certain contracts was only owing to the fact that the 
concessions were granted to parties who were not fit for the purpose, or that said 
concessions have been approved without proper study, care, and precaution. The 
same disasters emanated therefrom are abundant warnings for us, and we ought not 
to judge ourselves so incapable as not to profit thereby. 

The minister for foreign affairs will lay before you the project of a convention 
proposed by the Government of the United States of America, set forth the antece- 
dents thereof, and give such explanations as may seem interesting in connection with 
the canal. 

I think it unnecessary to state that since I have thrown upon you all the responsi- 
bility that the decision of this negotiation brings it is not my intention to allow my 
opinion to weigh in the matter. Whenever I have transmitted instructions to our 
representatives in Washington, I have directed them to formally express my resolu- 
tion to submit the study and decision of this most serious affair, in its general sense 
and its details, to the supreme Congress. 

Fortunately for transacting business with the American Government in connection 
with the canal the present time is more propitious than that, in which, being inun- 
dated with difficulties and dangers, we could not work on behalf of our interest with 
serenity and liberty. On the other hand, after many years, during which that mat- 
ter had been dealt with in a vague manner and without any precise conditions, to-day 
it is presented to us in such a light that the discussion thereof can not but lead to 
practical and positive results. 

Indeed, it has been one of our indisputable diplomatic triumphs that the Senate 
and Executive of the United States, in sjiite of the strong efforts made to the con- 
trary, declared the superiority of the Colombian route. 



INTEEOCEANIC CANAL. 3.5 

As I have already said to you and all my fellow-citizens, I attribute the happy con- 
clusion of the last war to the intervention of the Divine Providence, to whom I equally 
attribute the fact that the remedy to those evils which gave origin to that war has 
been able to commence, and from whom I expect for you the honor that your name 
may appear in our history by those of the legislators, who at an epoch of the great- 
est decay and backwardness, were clever enough to procure to Colombia, if not the 
immediate possession, at least the sure hope of the boons that her founders had 
devised. 



Mr. Beaujpre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, July 9, 1903. (Received July 12, 1903.) 

Confidential. [ ] has requested me to say to you he does 

not think the treaty can be ratified without two amendment^: To arti- 
cle 1, stipulating payment ten millions by the canal company for the 
right to transfer; to article 25, increasing payment to fifteen millions, 
and says that the treaty can be ratified at once with these amendments. 
He asks your views confidentially. 

Beaupee. 



Mr. Beaiirpre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, July 11, 1903. 
Confidential. The majority in the Senate are opposed to treat3\ 
Apparently the Government is not defending the treaty, although it 
may intend to later. Its fear public opinion and the criticism of the 
Liberal party very great. The danger is delay, which opposition 
fights for. I think strong intimation from you through the Colombian 
minister or this legation that unnecessarj^ delay should be avoided 
would be efi'ective. Otherwise debate may continue until September, 
necessitating instructions communicated by telegraph for exchange of 
ratifications. 

Beaupee. 



Mr. Beaupre to Mr. Hay. 

No. 78.] Legation of the United States, 

Bogota, July 11, 1903. 

Sie: I have the honor to report that the Colombian Congress has 
occupied itself with unimportant and preliminary matters since it con- 
vened on June 20 last. Really nothing- has been done. 

The most important and really only question relating to the canal 
treaty has been the motion made by the opposition to the Government 
party to the effect that the vice-president must sign the treaty before 
it can be considered by the Senate. The debate on this question has 
been going on for many days and the end is not yet. 



36 INTEROCEANIC CANAL. 

Ex-President Caro has been the leader of the opposition in this 
debate and has made man}' brilliant speeches. He has charged the Gov- 
ernment with lack of good faith and consistency, both to the United 
States and Colombia, in not defending a treaty of its own making and 
for endeavoring to throw the whole responsibility upon C'ongress. 

The theory of the discussion is to the effect that if the vice-presi- 
dent signs the treaty the entire responsibility for its making rests 
with the executive power, while if the vice-president does not sign 
and the treat}^ is either ratified or rejected no responsibility can attach 
to the Executive. 

The vice-president has positively declined to sign, and if the motion 
as presented should prevail, and he still refuses his signature, the 
Senate will not consider the treaty at all, and in all probability Con- 
gress will be dissolved. 

It is understood that a final vote on the motion will be taken on 
Tuesday next. As near as I can determine, the Government is likely 
to have a majority of one or two votes, in which case something of a 
more definite nature can be undertaken. 

As I informed the Department to-day, in a telegram elsewhere con- 
firmed, there is every prospect of the debates continuing without any 
decision until September, so that there will be onl}^ time to cable 
Washington just before the 22d of that month of the final action of 
CongrCvSs; and as cablegrams from this capital have often been delayed 
a month or more, as the Department is aware, there is grave danger 
in this. 

If one could know just what would be the attitude of the Govern- 
ment later on, it would be easy enough to predict the outcome, for I 
still adhere to my oft-repeated opinion that if the Government shall 
seriously desire it the^ treaty will be ratified. Its present attitude of 
washing its hands of the whole matter will not do, for while the House 
is favorable, there is a declared majority in the Senate against ratifica- 
tion, and only the influence of the Government can win it over. 

I am inclined to believe, from information obtained at different 
times, some of which I have reported to the Department, that the 
Government intends to use its influence later on, and at what it shall 
deem the proper time, in favor of the treaty. If so, the treaty will 
be ratified; if not, then it will be defeated. 
I am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, July 13, 1903. 
Neither of the proposed amendments mentioned in your telegram ** 
received to-day would stand any chance of acceptance by the Senate 
of the United States, while any amendment whatever or unnecessary 
delay in the ratification of the treaty would greatly imperil its con- 
summation. 

Hay. 

a Dated July 9. 



INTEROCEANIC CANAL. 37 

"^Mr. Beaupre to Mt. Hay, 

[Telegram.] 

United States Legation, 
Bogota, July 15. (Received July 27, 1903.) 
Confidential. The situation is a little more favorable for the treaty. 
It is generally believed that it will be ratified, but with amendments. 
It is possible it can be passed without amendments; but as the belief 
prevails that additional concessions can be secured, I consider it 
important that this Government be informed through the Colombian 
minister or me of your position as to the matter. In any event. I 
would appreciate secret instructions as a guide in case of emergency. 
Yesterday the treaty was submitted to a special committee of nine in 
the Senate, four, and probably more, of whom are for ratification. 

Beaupee. 



Mr. Beaujpre to Mr. Hay. 

No. 83.] Legation of the United States, 

Bogota, July 21, 1903. 

Sir: As I had the honor to report by cable on the 15th instant, the 
canal treaty was submitted to a special Senate committee of nine mem- 
bers, four of whom were known to be favorable to ratification. This 
committee is to report on or before the 31st instant. 

The Government has continued to triumph on every important ques- 
tion brought forward in Congress. On the 18th instant officers were 
elected in both houses for the ensuing thirty days. Senor Quientero 
Calderon, formerly minister of government in Vice-President Marro- 
quin's cabinet, and a staunch Government man, was elected president 
of the Senate; Gen. Pedro Nel Ospina, now identified with the Govern- 
ment forces, and certainly in favor of the canal treat}^,^ first vice-presi- 
dent. In the House Senor Juan B. Valencia was chosen president. 

Gradually, but certainly, the situation is growing more favorable for 
the canal treaty, and while I am not yet prepared to state the positive 
belief that it will be ratified, I see no reason to be discouraged b}' the 
present outlook. The great danger is that there may be enough mem- 
bers of the Senate to carry certain amendments. 

I have endeavored, not only to keep in touch with the current events, 
but to create favorable sentiment for the treaty. 

It has been most difficult to overcome the at one time almost general 
belief that the United States did not seriously intend to adopt the 
Nicaragua route should this Congress fail to ratify- the treat}', and to 
make it understood that the great benefit Colombia expected to realize 
from the construction of the canal depended upon prompt action and 
could never be secured by future diplomatic negotiations. 

At times I have thought, from the tone of the conversation of cer- 
tain opponents, that foreign hostile influences were at work, but I 
have never been able to be certain of this. If there be opposition 
from this source, it is of too secret a nature to be discovered, and can 
not, therefore, be particularly effective. On the whole, I am inclined 



38 INTEROCEANIC CANAL. 

to believe that no direct hostile influence is being used here, but that, 
if any exists, it comes through Colombian legations or consulates in 
Europe. 

I have certain, but private, information that Doctor Uricoechea, a 
member of the special Senate committee heretofore referred to, and 
who lived a great many years in Germany, called on Baron Griinau, 
the German charge d'affaires, to inquire what would be the attitude of 
the German Government in case of trouble arising out of the matter, 
and whether it would be willing to undertake or aid the construction 
of the canal in case the treaty with the United States should not be 
ratified. Baron Griinau replied that he had no instructions bearing 
upon the subject, but that he was of the positive opinion that, consid- 
ering how desirous his Government was at the present moment to 
remain on friendly terms with the United States, it would not take 
any steps with reference to the construction of the canal or to any 
controversy growing out of the present negotiations; that he would, 
however, submit the matter to his Government. .. 

My English colleague, with whom I have the most pleasant personal 
relations, and whose attitude I know has been olie of unswerving 
friendliness to our interests in this matter, informs me that one of the 
deputies of the Chamber of Representatives called on him with an 
inquir}^ similar to the one above mentioned. To this he replied that 
this question was thoroughly considered by His Majesty's Government 
at the time the modifications were made in the Bulwer-Clayton treat}^, 
and that his Government was of the opinion that the safeguards con- 
tained in the Haj^-Pauncefote arrangement formed a sufficient guar- 
anty for the commerce of the world and was, therefore, willing now 
to leave the United States quite free as regards any further negotia- 
tions with reference to the construction of a canal. 

The generality of the legislators here have thought that further and 
greater concessions could be obtained from the United States, and that 
in this particular the treaty could be amended with safety to the inter- 
ests of Colombia. This has been and is the most stubborn stronghold 
of the enem}^ — at all times the most dangerous to us — and to it I have 
given more attention than to all else. It was because of this that I 
cabled the Department of the importance of informing the Colombian 
Government, through its minister at Washington or this legation, of 
its views. To be able to make an official representation would have 
far greater weight than an expression of opinion. 

I have reason to know that the Government understands — at any 
rate, the vice-president does — that amendments are not to be thought 
of, but I hope to receive instructions from you, when cable communi- 
cation is reestablished, to bolster up and strengthen this understanding. 

I have believed that I could, with discretion and propriety, use my 
influence in creating a favorable sentiment, making the interests of 
Colombia the basis of mj^ arguments; and 1 have not hesitated to do 
this whenever circumstances would permit a conversation with men 
whose influence would be of avail. 

I have the satisfaction of knowing that I have accomplished a cer- 
tain amount of good, and that, whatever be the result, all of the 
ability and energy which I possess shall be given to the consummation 
of the Department's desires. 

I am, sir, your obedient servant, A. M. Beaupke. 



INTEROCEANIC CANAL. 39 

Mr. Loomis to Mr. BeauprS. 

>Jo 23 1 Department of State, • 

^ ' '^ July n, 1903. 

Sir: At the instance of the Hon. John T. Morgan, I have to request 
that you will forward two copies of the proclamation of Acting Presi- 
dent Marroquin, calling the session of Congress to consider the canal 
treaty, and two copies of the law under which the proclamation was 
issued. 

1 am, sir, your obedient servant, 

Francis B. Loomis, 

Acting Secretary. 

Mr. Beaujpre to Mr. Hay. 

No 85 1 Legation of the United States, 

Bogota, July 22, 1903. 

Sir: Referring to the Department's telegram of April 7, 1903, to 
my ^o. 10 of April 24, 1903, and No. 4-1 of June 10, 1903, concern- 
ing the proposed cancellation of the present concessions of the Panama 
Canal and Railroad companies, I have the honor to transmit herewith 
a copy and translation of a note received from the minister for foreign 
affairs on the subject, together with a copy of my reply thereto. As 
soon as cable communication is reestablished I propose to telegraph 
the Department the substance of this correspondence. 

I am, sir, your obedient servant, 

A. M. Beaupre. 



[Inclosure 1.— Translation.] 

Ministry op Foreign Kelations, 

Bogota, July 21, 1903. 

Mr. Minister: In your polite note of the 24th of April last, your excellency was 
pleased to inform me, in accordance with the instructions of your Government, that 
all that referring to the cancellation of the actual shares of the Panama Canal and 
Railroad companies, was included in the convention between Colombia and the United 
States, signed on the 22d of January last, for the opening of the canal. 

I shall be obliged by your excellency's telling me, as early as possible, if modihca- 
tions, which, according to the final part of the note referred to, are considered as 
violating the Spooner law, are only those which concern the concessions of each of 
the companies, or if they are such also as may be adopted with regard to the (treaty 
itself) convention spoken of. 
With this motive, etc., 

(Signed) Luis Carlos Rico. 

To his excellency A. M. Beaupre, 

Envoy Extraordinary and Minister Plenipotentiary of the United States, etc. 



[Inclosure 2.] 
Mr. Beaupre to Doctor Bico. 

Legation op the United States, 

Bogota, July 22, 1903. 
His Excellency Dr. Luis Carlos Rico, 

Minister for Foreign Affairs of the Bepublic of Colombia. 
Sir: I have the honor to acknowledge the receipt of your excellency's polite note 
of the 21st instant, referring to my note of April 24, 1903, concerning the requests ot 



40 INTEROCEANIC CANAL. 

the Colombian Government to the Panama Canal and Railroad companies for the 
appointment of agents to negotiate the cancellation of present concessions, etc., in 
which 1 informed your excellency that my Government considers that the treaty 
covers the entire matter, and any change would be in violation of the Spooner law, 
and not permissible. 

Your excellency asks me if any modifications in the treaty itself would be 
considered in violation of the Spooner law, as those other suggestions for special 
cancellation of the concessions of the companies have been so considered by my 
Government. 

I have the honor to say to your excellency that with the approval by the United 
States Senate of the treaty between Colombia and the United States, signed on the 
22d of January, 1908, the Spooner law, which authorized the making of that treaty, 
was fully complied with, in the opinion of the Senate, so far as the Panama route is 
concerned. Hence, the said law went out of active existence with reference to 
Panama, and can onlj' again become a subject for discussion, and then in reference 
to the Nicaragua route, in the event of the rejection of the treaty by Colombia. 

This is, of course, my personal opinion, which, unfortunately, I am unable at 
present to confirm by cable reference to my Government. But I consider it my duty 
to inform your excellency that I have no reason to believe that my Government will 
consider or discuss again any modifications whatever to the treaty as it stands. This 
strong impression I gather from a careful reading and study of the notes already in 
your excellency's possession, for, if in the case of the concessions of the companies 
my Government would consider their modification as violating the Spooner law, 
then, with much more reason, it would seem that the treaty itself, as the oflficial 
interpretation of the law, can not be modified at all without violating that law. 

I shall, of course, submit your ex;cellency's note to my Government as soon as it is 
possible to do so by the reopening of cable communication. 
I embrace this opportunity, etc., 

(Signed) A. M. Beaupre. 



Mt. Loomis to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, July 29, 1903. 
Would like information as to present situation. 

Loomis, Acting. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, July 31, 1903. 
Instructions heretofore sent to you show the great danger of amend- 
ing the treat3\ This Government has no right or competence to cov- 
enant with Colombia to impose new financial obligation upon canal 
company and the President would not submit to our Senate an}'- amend- 
ment in that sense, but would treat it as voiding the negotiation and 
bringing about a failure to conclude a satisfactorj^ treaty with Colombia. 
No additional payment by the United States can hope for approval by 
United States Senate, while any amendment whatever requiring recon- 
sideration by that body would most certainW imperil its consummation. 
You are at liberty to make discreet unofficial use of your instructions 
in the proper quarters. The Colombian Government and Congress 
should realize the grave risk of ruining the negotiation b}'^ inprovident 
amendment. 

Hay. 



INTEEOCEANIC CANAL. 41 

Mr. Beaupre to Mr. Hay. 

No. 90. j Legation of the United States, 

Bogota., August J, 1903. 
Sie: Mr. Spencer S. Dickson, British vice-consul at this capital, has 
prepared for his Government an interesting- memorandum relativ^e 
to the discussions in the Bogota press on the question of the proposed 
Panama Canal as a business concern, and has been good enough to 
furnish me with a copy, which 1 have the honor to inclose herewith. 
I am, sir, your obedient servant, 

A. M. Be autre. 



[Inclosure 1.] 

Memorandum by Mr. Spencer S. Diclson, relative to the discussions in the Bogota press on 
the question of the proposed Panama Canal as a business concern. 

Since the news of the signing of the Hay-Herran treaty last February, the imagi- 
nation of the Bogota pubhc, as expressed in the local press, has been occupied with 
the question as to what is the extent of the pecuniary advantages which the Gov- 
ernment of the United States is about to derive from the projDOsed undertaking. 
The articles written have so ridiculously exaggerated the possible takings, even 
from the most optimistic standpoint, as to render themselves unworthy of any no- 
tice whatever, were it not for an interesting answer thej' have called forth from the 
pen of Mr. J. T. Ford, the manager of the Cartagena Harbor, Railway, and River 
companies. Mr. Ford's article is principally directed against an article written by a 
Dr. Novoa Zerda, a prominent Bogota lawyer, who has published an elaborate state- 
ment in the Bogota press in which he proves, to his own satisfaction, that the Gov- 
ernment of the United States are, by the terms of the Hay-Herran treaty, securing 
for themselves a net profit of 11,186,537,377 during the first term of the concession. 

My reason for transmitting this memorandum is that the statements made by 
Mr. Ford in his answer, based, as they are, on long experience and a thorough 
knowledge of the conditions ruling, merit attention and are, as far as I am aware, of 
a somewhat novel character, though on a question already so much discussed. Mr. 
Ford, M. I. C. E., a British subject, holds the position of consulting engineer to the 
Colombian Government, and has at various times been attached to the Colombian 
legation at Washington during the course of the negotiations which have taken 
place respecting the construction of an Isthmian Canal. He has brought his knowl- 
edge and experience to prove that the Panama Canal is not a profitable undertaking 
from a commercial point of view, and is valuable to the United States only because 
of its naval significance. 

Mr. Ford, in estimating the commercial value of the pi'ojected Panama Canal, has 
taken as a basis the experience gained by the Suez Canal. The traffic of the latter 
is regulated by an international convention, the terms of which the United States 
and Great Britain adopted when formulating the Hay-Pauncefote treaty, signed to 
substitute that known as the Clayton-Bulwer. These regulations establish a special 
tonnage measurement, which is neither the gross nor the net of the ordinary ton- 
nages of Lloyd's. Nor is it the tonnage system of Germany or France. It is the 
Suez Canal sj'stem. 

The Suez Canal, in 1900, thirty-two years after being open to trade and with all 
the extra traffic produced by the Transvaal war and the intervention of the European 
powers in the Boxer attack on Pekin, has a traffic of 3,441 vessels of 13,699,238 gross 
tons, or 9,738,152 Suez tons.a 

Francs. 

Its gross product in money was 93,451, 403 

Expenses of operation and maintenance 25, 648, 264 

Resulting in a net income of -. 67, 803, 139 

Supposing that Colombia rejects the Hay-Herran treaty and constructs the Panama 
Canal for its own account, so as to have the full benefit of all the takings. Take also 
for granted the absurd supposition that, in the first year of its being opened to public, 
traffic, this canal shall be able to show the same tonnage as that of Suez in 1900, 

«The later returns for 1901 show a still greater increase. 



42 INTEROCEANIC CANAL. 

thirty-two years after its opening. Taking the above tonnage only and the gross 
product of the canal in money, an average for ])urpose of comparison is deduced of 
6.80 « francs per ton (gross), or §1.86 American gold, by the Suez route. With 
regard to the question of population served by the two canals, tlie continents of North 
and South America together contain but one hundred and fifty million inhabitants. 
The canal will only be used by a portion of the trade of the western coast of the two 
continents, with part of the eastern coast, and with Europe. It is evident that trade 
can not in the first year reach the same figure as the total trade of Suez, which unites 
the continents of Europe and Asia, with twelve hmidred millinn inhabitants between 
them. To do this, Panama must take from Suez at least one-half its trade. Suppose 
this second absurdity be regarded as a possibility, owing to the superiority of the 
Panama route between certain ports, admitting a certain amount of competition in 
freights from Europe to Australia, New Zealand, and to the islands of the Pacific, it 
is a question^ whether Great Britain would, without a struggle, thus allow the devia- 
tion of this important trade from its present established route. The immediate 
creation of the 3,000 new vessels necessary for the traffic deviated from the trans- 
continental railroads must also be taken "as an accomplished fact. Against these 
hypotheses there is the following consideration — the shares of the Suez Canal are 
being sold at nearly ten times their nominal value. It is perfectly evident that this 
extraordinary company would certainly be well able to attempt to avert its ruin or 
injury and face competition by making some reduction in its tariff; but supposing 
that the Panama Canal has, by competing with the Cape Horn route and the trans- 
continental railroads, created for itself a trade equal to half the trade of Suez; also, 
that owing to its admitted superiority in certain voyages now made via Suez, Panama 
has taken away from Suez the half of its total trade, the Panama Canal would then 
have its 13,699,238 gross tons as above; but also, for the above-mentioned reasons of 
competiou, the rate per ton would have to be reduced, probably, to say ipO.70 gold 
to obtain that result in tonnage. This trade, on the same basis as above, w'ould give 
to Panama a gross earning of $9,589,466. ^ 

As to the operating cost, the country in which the Suez Canal is situated has a dry 
climate, without rains, and is so healthy that the same class of invalids as go to the 
Eiviera and other sanatoriums of Europe make it their residence in winter. It is 
moreover a simple canal in a sandy plain without locks, or any other artificial works 
of importance. Panama, on the other hand, has a disastrously unhealthy climate. 
Very high salaries would have to be paid and a much greater number of employees 
would be required than at Suez. There are unforeseen damages to be pi'ovided for, 
owing to the torrential rains. Difficulties have to be faced in the management of 
locks and the maintenance of artificial works without parallel up to the present in 
the entire world, because of their monumental proportions. Mr. Ford, however, to 
err on the right side, assumes that the cost of operating the Panama canal will be no 
more than that expended at Suez. The gross cost of operation at Suez for handling 
the trafiic of 1900 was 25,648,264 francs or 15,129,653 American gold. 

The Panama accounts, under these conditions, would be as follows: 

13,699,238 tons at the above rate of $0.70 per ton would be $9, 589, 466 

Cost of administration (the same as Suez in 1900) 5, 129, 653 

Net earnings 4, 459, 813 

The minimum figure for the cost of construction, of the Panama Canal, with locks, 
including cost of French canal works and other contingencies, may be taken at 
$200,000,000, according to the best available estimates. Mr. Ford then assumes 
another favorable absurdity — that Colombia has a credit equal to the credit of the 
United States and that she'could therefore obtain the $200,000,000 capital required 
for the construction at 3 per cent interest without initial discount. She would then 
have in hand the $4,459,813, the net earning of the canal, to pay the interest on the 
invested capital. The account then stands as follows: 

Three per cent on $200,000,000 $6, 000, 000 

Net earning 4,459,813 

Colombia would therefore have an annual deficit of 1 , 540, 187 

« This, of course, is not the actual rate charged at Suez, since Mr. Ford has taken 
the_ gross and not the Suez tonnage, and the gross earnings include other charges 
beside the simple tonnage of the ships, but the above figure fully illustrates the 
point made. 

& Mr. Ford again uses here his arbitrarily deduced average rate, and not the prob- 
able actual rate. 



INTEROCEATSriC CANAL. 43 

instead of the net sum of $550,000 « per annum, which she would receive under the 
Hay-Herran treaty, leaving to the United States the above-mentioned deficit, plus 
the $250,000 extra rent paid to Colombia. 

Mr. Ford then goes on to point out that should Colombia build a sea-level canal, 
costing $400,000,000 instead of $200,000,000, she would find herself with an annual 
deficit of $7,540,187, including the 3 per cent on the extra $200,000,000. 

In the discussions which have taken place, those opposed to the treaty have 
argued on the fact that in previous concessions made witti private parties the terms 
for the Colombian Government have been much more favorable. To this Mr. Ford 
opposes the fact that those old contracts were signed in complete ignorance of the 
Suez undertaking and the enormous natural difficulties and cost of building a canal 
at Panama which would compare at all points with Suez, and before the experience 
gained through the working of that canal could throw real light on the profit and 
loss account of such an undertaking. The natural difficulties inherent to the work- 
ing of the Isthmus of Panama, which were the cause of the failure of the French, 
even with their superior contract of 1878, were then all unknown. It is a mistake, 
says Mr. Ford, to suppose that the United States would make a contract similar to 
those made formerly when the same ignorance of conditions does not exist. 

The canal can not be a paying concern for any country except the United States, 
and for the United States it is a paying concern, not from a commercial standpoint — 
it will therein be a loser, but on account of its Navy. To show that this statement 
as regards its commercial value is not exaggerated, Mr. Ford refers to the map 
of the continents of America. The Cordillera of the Andes, from Patagonia to 
Panama, the Sierra Madre of Mexico, and the Eocky Mountains of the North, which 
end in Alaska, are so situated that on the side of the Pacific there is only a small 
strip of territory, very narrow and comparatively sterile, whereas on the Atlantic 
disk and in direct communication with Europe (where the Panama Canal will never 
be needed) are situated seven-eighths of its one hundred and fifty millions of inhab- 
itants and the whole of its productive lands, i. e., the Argentine, Bi'azil, Mexico, 
Colombia, Venezuela, the United States, and Canada to one hundred and fifteenth 
meridian west, approximately. As far as the above countries are concerned, their 
trade can never reasonably be expected to make use of the Panama Canal to any 
extent worth considering at present. , 

Spencek S. Dickson, 
His Britanic Majesty' s Vice- Consul. 



Mr. Zoomis to Mr. Beaupre. 

No. 26.] Depaetment of State, 

Washington, August 3, 1903. 
Sir: I have to acknowledge the receipt of your No. 67 of July 1, 
last, concerning the Panama Canal. It is receiving consideration. 

There is an error in translation in the twentieth line of the second 
page of the note inclosed. "Dos companias" has been translated 
"two countries" instead of "companies." 
I am, sir, your obedient servant, 

Francis B. Loomis, 

Acting Secretary. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., August o, 1903. (Received 12.) 
Referring to my dispatch of April 24, containing j^our cipher tele- 
gram, April 7, 1 have received a note from minister for foreign affairs 

« Three per cent on the $10,000,000 compensation under the treaty, plus the 
$250,000 annual rent. 



^A 



44 INTEEOCEANIC CANAL. 

asking if "any modification in the treaty itself would be considered 
in violation of Spooner law, the same as suggestions for canceling 
concessions of companies had been considered by the Government of 
the United States." 

I replied July 22 substantially as follows: With the approval of the 
treaty by the Senate of the United States, the Spooner law, which 
authorized its making, was fully complied with, so far as the Panama 
route is concerned. Hence said law went out of active existence with 
reference to Panama, and can only become a subject of discussion, and 
then with reference to Nicaragua, in the event of rejection of the 
treaty by Colombia. This is my personal opinion, which 1 am unable 
at present to confirm by cable reference to my Government, but 1 
believe it my duty to inform you that I have no reason to believe my 
Government will again consider or discuss any modification whatever to 
the treat}^ as it stands, which impression 1 gather from a careful read- 
ing and study of the notes already in your possession, for if in case of 
concessions of the companies m}^ Government would consider their 
modifications in violation of Spooner law, then with great reason it 
would seem the treaty itself as the official interpretation of (the law) 
can not be modified at all without violating that law. 

From conversations with prominent Senators 1 believe the Govern- 
ment does not consider my opinions as final or authoritative. 1 beg 
for an emphatic statement from you or instructions under my tele- 
gram of July 15. There is much danger that the treaty will be 
amended. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota {dated 6th). (Received August 12, 1903.) 

August 5, 10 a. m. It is now apparent that the treat}^ will not be 
ratified without amendment, because the positive influence on the part 
of this Government can not be expected. There are but eight sena- 
tors of the twentj^-four in favor of it, but more than two-thirds are 
in favor of the report of the committee, which is as follows: 

First. In the preamble the references to the Spooner law shall be 
suppressed. 

Second. In article 1 the condition shall be introduced that the 
Panama Railroad and Canal Compan}^ shall be obliged beforehand to 
make arrangements with Colombian Government in which the condi- 
tions shall be established under which that Government will grant 
consent necessary to enable these companies to transfer their rights 
to the United States. It shall be expressed that Colombia shall recover 
ownership of all land grants which are at present in the possession of 
companies, without excepting any of such lands, to the end that the 
cities Panama and Colon maj^ remain effectively and completely 
excluded from zone which is the subject of the concession. 

Third. Terms of articles 2 and 3 shall be modified in such a manner 
as to express clearly that Colombia grants the United States only the 
right of use of the zone and parts adjacent territory. It should be 
expressed with precision that the rights granted the United States are 
in nature of tenanc}^, excluding the idea of ownership, and establish- 



INTEROCEAlSriC CANAL. 45 

ing in a peremptory manner the perpetuity of the concession. The 
boundary of zone shall be indicated with the greatest precision, and 
the necessary properties to which concession extends shall be clearly 
determined, excluding from the concession, in an unequivocal manner, 
cities Panama and Colon; besides which it shall be stated that the 
guaranty of the treaty of 1846-1848 shall not be modified in any way 
whatever, and shall continue in its application to the whole Department 
of Panama, inclusive of the zone. 

Fourth. In article 7 concession of the right of gratuitous use of 
the waters of lakes, lagoons, rivers, and the other streams, whether 
natural or artificial, which may be devoted to the supply of the canal 
or auxiliary channel, or which may be made use of during its construc- 
tion, maintenance, or operation, shall be clearly limited, in order that 
they may be deviated in their course, elevated or lessened in their 
levels, converted into lakes, widened or narrowed, if necessary, for 
such purposes. It shall be established that this right is exclusive only 
in so far as it refers to use of such waters for the supply and main- 
tenance of the canal, or of the auxiliary channels, without allowing that 
concessions are to prevent utilization of such waters by others in virtue 
of their legitimate rights for any purpose which is not one of naviga- 
tion and would not disturb, make difficult, or prejudice employment 
that the United States may desire to give such waters for the above- 
mentioned purposes. The use of waters or rivers outside zone of the 
canal for the transportation materials, etc. , shall not be an exclusive 
right of the United States, but the right shall be given to them to use 
the waters, without tax or charge of any kind, in so far as the use 
relates to maintenance and operations of the concession. The natural 
product property of the Republic which the United States may take 
for the work shall be determined with the greatest precision possible, 
limiting this concession to the Department of Panama, and determin- 
ing that the compensations which may have to take place under article 
7 in all things shall be subject to what is provided in article 14. 

Fifth. In article 8 uncertainty of the clause shall be corrected under 
which no duties of any kind shall be collected in the cities Panama and 
Colon, with the exception of merchandise destined to be introduced 
for the consumption of the rest of the Republic. 

Sixth. In article 13 all relating to establishment ol tribunals of 
the United States and to application of the laws of United States in 
Colombian territory shall be suppressed, as it is contrary to article 10 
of the constitution, and it shall be established that the regulations, 
police and sanitary, which will be in force in the zone shall be subject 
to an agreement between the two Governments. 

Seventh. Indemnities which the concession mentioned in article 14 
will decide upon for the seizures which may have to be made in those 
cases which are mentioned in the same article shall be determined and 
paid by the United States, in accordance with valuation at the time. 

Eighth. In article 24 a clause of forfeiture shall be introduced fixing 
termination, which, if exceeded, and if work shall not have been exe- 
cuted, all the concessions must cease to exist and all properties and 
rights of the undertaking shall revert to Colombia. The last para- 
graph article 25, beginning "But any delay," shall be suppressed. 

Ninth. In an additional clause the tribunal, which must decide upon 
the differences which may arise between the contracting parties as to 
the fulfillment of the treaty, shall be indicated. 

Beauprj&. 



^ 



46 INTEROCEANIC CANAL. 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota.. August 5. (Received 16.) 
August 5, 10 a. m. I have addressed a note minister for foreign 
affairs concerning the report of the committee appointed to consider 
the treat}^, to the effect that the proposed modification article 1 is 
tantamount rejection the treaty. My opinion is that my Government 
would not consider or discuss the amendment; that the committee has 
been insufiiciently acquainted with mj^ notes, April 24, June 10, or 
have failed to give them importance they demand as definite expression 
of opinion and intention of the Government of the United States. 
The amendment, article 13, suppressing tribunals, will not be accepted 
in any event, and the other modifications, not so serious in principle, 
are too little value to Colombia to submit for the discussion of the 
Senate of the United States. They could be adjusted by assurances 
or b}^ special legislation when the commission required by the treaty 
has been appointed. Closing with strong reminder of the dangerous 
consequences of further unnecessary delay, urging that if Colombia 
really desires to preserve friendly relations and to secure the advan- 
tages of canal, backed by so close an alliance of national interests, the 
treatj^ should be ratified without modification. 

Beaupre. 



Mr. Beaupre to Mr. Hay., ma consulate at Colon. 

[Telegram.] 

United States Legation to Colombia, August 5. 1903. 

(From Colon, August 18, 1903.) 
No cable received since (the) 13th July, the company having closed 
Buenaventura office. Government does not allow cables to pass over 
land lines. Situation critical. American minister Bogota. August 5. 

Malmros. 



3Ir. Beafiijpre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., August 6, 1903. (Received 12.) 
August 6, 10 a. m. Confidential. Note reference to treaty 1846 
in the committee repoi-t. Colombia dreads above all things newspaper 
reported intention of the United States to denounce the treaty in the 
event of rejecting canal treaty. 

I have additional confirmation the statement of my dis-patch No. 49 
June 15. 

Beaupre. 



INTEBOCEANIC CAN^AL. 47 

Mr. Beaupre to the Secretary of State. 

No. 98.] Legation of the United States, 

• Bogota.; August 7, 1903. 

Sir: I have the honor to report that the telegrams which I had the 
good fortune to get through yesterday and the day before give a more 
or less accurate idea of the situation in so far as the canal treaty is 
concerned. 

These telegrams are the only ones thus far passed since the 15th 
ultimo, and it was only after very earnest interviews with the vice- 
president, the minister for foreign affairs, the minister of government, 
and the director-general of mails and telegraphs that I finally suc- 
ceeded. " 

The report of the special committee of the Senate appointed to con- 
sider the treaty presented on the 4:th instant, and transmitted in my 
telegram of the 5th instant, was signed b}'^ seven of the nine members 
of the committee and was in the nature of a compromise. The two 
other members made independent reports amending nearly every article 
of the treaty, but as they will have no weight in the ultimate decision 
of the matter it is not necessary to mention them. 

On the morning of the 5th instant I addressed a note to the minister 
for foreign affairs concerning the committee's report, a copy of which 
is herewith inclosed. 

Early in the afternoon of the same day I received the Department's 
telegram of the 31st ultimo, and as the instructions therein had a direct 
bearing upon the question I immediately dispatched another note to the 
minister for foreign affairs, a copy of which is herewith inclosed. A 
reference to ni}'^ telegram of the 6th instant concerning the treaty of 
1846 will give a better understanding of the last clause of this note. 
I have positive information that both notes were read to the Senate in 
secret session. 

The situation is chaotic just now and intense feeling is being mani- 
fested in the debates in the Senate. Apparently there is little prospect 
that the treaty will be ratified without modifications, but I must still 
hope that a better sentiment will be brought about before the end. 
I am, sir, your obedient servant, 

A. M. Beaupre. 



[Inclosure 1.] 

Mr. Beaupre to Doctor Rico. 

Legation of the United States, 

Bogota, August 5, 1903. 
His Excellency Dr. Luis Carlos Eico, 

Minister for Foreign Affairs of the Republic of Colombia. 
Sir: I have the honor to inform your excellency that I observe with regret the 
terms in which the committee of the Senate has seen to frame their report with ref- 
erence to the Panama Canal treaty, and would earnestly request your excellency to 
take into consideration the unfortunate circumstance of interrupted cable communi- 
cation which has prevented my immediate consultation with my Government, and 

«The telegrams referred to were not received by the Department of State until 
August 12, 16, and 18, respectively. 



48 INTEROCEANIC CANAL. 

which alone has decided me to address another note to your excellency in furthei 
interpretation of the instructions I have referred to in my previous notes as having 
been received from my Government. 

It would appear to me that the committee has either been insufficiently acquainted 
with the contents of my notes dated April 24 and June 10, 1903, or that they have 
failed to attach to these direct communications the importance they demand as definite 
expressions of opinion and intention on the i^art of my Government. 

From them it is clear that the committee's proposed modification of article 1 is 
alone tantamount to an absolute rejection of the treaty. I feel it my duty to reiterate 
the opinion I have before expressed to your excellency that my Government will not 
consider or discuss such an amendment at all. 

There is another important modification suggested by the committee to article 13, 
suppressing the forms of tribunals there provided. I deem it my duty again to 
express very emphatically my opinion that this also will not be acceptable in any case. 

The other modifications, though not equally serious in principle, are nevertheless 
of such slight value to the interests of Colombia that they do not warrant the risk 
of further discussion by the Senate of the United States; even in the event, Avhich I 
consider more than doubtful, that they be even submitted to that body by my Gov- 
ernment, since all such amplifications or explanatory items can equally well be 
given, either by separate emphatic assurances of the Government itself, or be the 
subject of special legislation when the joint commission mentioned in the treaty shall 
have begun its official existence. 

For the moment disregarding the probable correctness, or otherwise, of my con- 
victions, there is one point that I would especially urge upon your excellency, and 
that is that the Senate should be reminded of the dangerous consequences to the 
whole negotiations that the undue delay hitherto experienced in arriving at conclu- 
sions will undoubtedly produce on the attitude of my Government. 

If the present modifications of the committee constitute really the final decision 
that is likely to be arrived at by the Congress of Colombia, the matter should be 
voted without any delay, and so give at least a slight opiaortunity to my Government 
to consider the matter before the expiration of the time for exchange of ratifications 
provided in the treaty. Less than this can not be expected by my Government, 
which in good faith signed the pending treaty more than six months ago, and promptly 
ratified it without modifications. 

I take this opportunity to respectfully reiterate what I have before expressed to 
your excellency, that if Colombia really desires to maintain the present friendly 
relations existing between the two countries, and at the same time secure to herself 
the extraordinary advantages that the construction of the canal in her territory will 
undoubtedly produce, if backed by so close an alliance of national interests as would 
supervene with the United States, the pending treaty should be ratified exactly in 
its present form, without any modifications whatever. I say this from a deep con- 
viction, that my Government will not in any case accept amendments. 

I avail myself of this opportunity to renew, etc., 

(Signed) A. M. Beaupre. 



[Inclosure 2.] 

Mr. Beaupri to Doctor Rico. 

Legation of the United States, 

Bogota, August 5, 1903. 
His Excellency Dr. Luis Carlos Rico, 

Minister for Foreign Affairs of the Republic of Colombia. 

Sir: I have the honor to inform your excellency that in the matter of the pend- 
ing treaty for the construction of the Panama Canal it has hitherto been impossible 
for me to do more than advise you of the construction I have from time to time put 
upon the instructions received from my Government in more or less general terms, 
as the various questions involved had not been brought to a definite issue. 

Now referring to my several notes on this subject, it is a matter for great satisfac- 
tion to me that to-day, together with the publication of the Senate committee's re- 
port on the treaty, I have received such definite instructions from my Government 
as enable me not only fully to confirm, but materially amplify the terms of all my 
previous notes above alluded to. 

I may say that the antecedent circumstances of the whole negotiation of the canal 
treaty, from official information in the hands of my Government, are of such a 
nature as to fully warrant the United States in considering any modification what- 



INTEROCEANIC CANAL. 49 

ever of the terms of the treaty as practically a breach of faith on the part of the Gov- 
ernment of Colombia, such as may involve the very greatest complications in the 
friendly relations which have hitherto existed between the two countries. 

I am instructed to say that my Government has no right to covenant with Coloni- 
bia to impose new financial obligations upon the canal company, and that the Presi- 
dent would not submit to the Senate of the United States any amendment in that 
sense, but would treat it as voiding the negotiation, and as a failure to conclude a 
satisfactory treaty with Colombia. The amendment to Article I of the treaty pro- 
posed by the Senate committee is clearly in that sense. 

I am also instructed to say that no additional payment by the United States can in 
any case hope for approval by the Senate of the United States. What I said to your 
excellency in my note of this morning, with reference to the minor amendments 
proposed by the committee, I can now emphasize in the language of my instructions, 
that any amendment whatever requiring consideration by that body (the Senate) 
would rnost certainly imperil the treaty's consummation. Your excellency's Gov- 
ernment and Congress should realize the great risk of ruining the negotiation by 
improvident amendment. 

It is impossible for me to express to your excellency more emphatically the attitude 
of my Government on this important matter, or to implore more earnestly than I 
now do the careful consideration by Colombia of the reasons which in the opinion 
of my Government should impel your excellency's Government to urge upon Con- 
gress the necessity of ratifying the treaty in its present form. 

It is to be regretted that the reference to the necessity for the practical reenact- 
ment of the treaty of 1846-1848 in the Senate committee's report should constitute 
almost a doubt as to the good faith of the intention of the United States in its com- 
pliance therewith. I must assure your excellency that unless that treaty be 
denounced in accordance with its own provisions my Government is not capable of 
violating it, either in letter or spirit; nor should there be any fear on the part of 
Colombia that if ratified the clauses guaranteeing her sovereignty in the pending 
treaty, couched as they are in still more precise and solemn terms than those of 1846, 
will ever be disregarded in the slightest degree by the Government of the United 
States. 

I avail myself of this opportunity, etc. 

(Signed) A. M. Beaupee. 



Mr. Beaupre to the Secretary of State. 

No, 101,] Legation of the United States, 

Bogota., August 10., 1903. 
Sir: Referring to my No, 98 of the 7th instant, I have the honor to 
inclose herewith a copy and translation of a note from the minister for 
foreign affairs, together with a copy of my reply thereto, 
I am, sir, 3^our obedient servant, 

A, M, Beaupre. 



[Inclosure 1.— Translation.] 

Dr. Rico to Mr. BeauprL 

Ministry for Foreign Kelations, 

Bogota, August 8, 1903. 

Mr. Minister: One of your attentive communications which your excellency had 
the pleasure to address to me on the 5th of the present month, relative to the busi- 
ness of the Interoceanic Canal of Panama, contained the part which I take the liberty 
to quote as follows: 

"I may say that the antecedent circumstances of the whole negotiation of the canal 
treaty, from official information in the hands of my Government, are of such a nature 
as to fully warrant the United States in considering any modification of the terms of 
that treaty as practically a breach of faith on the part of the Government of Colombia, 
such as may involve the very greatest complications in the friendly relations which 
have hitherto existed between the two countries." 

S. Doc. 61 4 



50 INTEROCEANIC CANAL. 

"Wishing to give to your excellency as soon as possible the required answer to the 
two notes to which I refer in the present, I will appreciate it if you will inform me 
that if among the circumstances alluded to in the paragraph, a version of which I 
have transcribed, there exist any others not mentioned in the notes which your excel- 
lency has seen tit to address to me on this subject. 

With this motive 1 renew to your excellency the assurance of my highest consid- 
eration. 

(Signed) 

Luis Carlos Rico. 
His Excellency A. M. Beaupre, 

Envoy Extmordinary and Minister Plenipotentiary oj the United States. 



[Iiiclosure 2.] 

Mr. Beaupre to Doctor Rico. 

Legation of the United States, 

Bogota, August 8, 1903. 
His Excellency Dr. Luis Carlos Rico, 

Minister for Foreign Affairs of the Bepuhlic of Colombia. 

Sir: I have the honor to acknowledge receipt of your excellency's courteous note 
of to-day, quoting a paragraph of my note of the 5th instant, and asking if the state- 
ment therein contained is based upon information not mentioned in my previous 
notes. 

In reply I have the honor to inform your excellency that the antecedent circum- 
stances to which I made reference are fully outlined in my previous notes, and par- 
ticularly in the one of June 10, 1903. 

If your excellency will permit me a few words more on this subject I would like 
to refer to the extraordinary efforts made by my Government to keep faith with 
Colombia after an agreement had been reached between the executive Governments 
of the two nations. 

As your excellency is aware, when the canal convention was presented to the 
Senate of the United States it encountered the most violent opposition. Not only 
were strenuous efforts made to defeat the treaty in its entirety, but many amend- 
ments of varying degrees of importance were presented and urged. During all that 
period the friends of the Government were steadfast in their determination to uphold 
the action of the Executive and to preserve intact the agreement made with Colom- 
bia. It was a momentous struggle, and the final and close victory W'as secured in 
the end only by the most stupendous efforts on the part of the Administration, im- 
bued as they were with the idea that such a compact, made after mature and careful 
consideration by the executive departments of the two Governments, must be rati- 
fied as it stood. 

In view of the foregoing, it is absolutely believed by my Government, that any 
modification, as such, to the pending treaty could not be safely submitted to the 
present Senate. 

The intense feeling over large sections of the United States in favor of the Nicara- 
gua route on the one hand and interests on the other hand hostile to any canal at 
all, and especially the Panama route, are circumstances that, I fear, your excellency's 
Government and the people of Colombia have not weighed sufficiently to attach to 
them the importance they deserve. 

While my previous notes may have expressed an almost exaggerated desire to 
impress upon your excellency the dangers of delay or modification of any kind, they 
were inspired by a full knowledge of conditions in my own country, w^hich I feared 
would not be fully appreciated in Colombia. 

The condition which appears to me to be absolute, at least, is that the proposed 
treaty should be ratified as it is, in good faith with my Government, or the opportu- 
nity will be lost for any later negotiations of anj^ kind whatever. 

In my own behalf, I most earnestly desire to assure your excellency that, aside 
from fulfilling the instructions of my Government, I have the deepest personal con- 
cern in the honor and glory of the country to which I am accredited, and in which 
I have been extended so much kindness and consideration. Every conviction of my 
mind leads me to the belief that enormous aggrandizement must accrue to Colom- 
bia if an interoceanic canal be constructed through her territory, while the desire to 
bring the two countries into closer and lasting friendship is ever present. Feeling 



INTEROCEANIC ' CANAL. 51 

thus deeply every effort I may have made, or shall make to this end, has or will 
have as its incentive the ultimate good not only of the country which I represent 
but of that in which I have the privilege and pleasure of residing. 
I avail myself of this opportunity to renew, etc. 

(Signed) A. M. Beaupre. 



Mr. Loomis to Mr. Beatipre. 

[Telegram.] 

Department of State, 

Washmgton^ August 10^ 1903. 
Keep the Department advised and embody date in messages. 

Loomis, Acting. 



Mr. BewMpre to Mr. Hay. 

[Telegram.] 

Bogota, August 12, 1903. (Received 15.) 
August 12, 7 p. m. The treat}^ was rejected b3^ the Senate to-daj^ in 
its entirety. Contidential. Do not accept this as final. There is still 
some hope. Wait for further advices. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, August m, 1903. (Received 23.) 
August 12, 9 p. m. Referring to my telegram of August 12, 7 p. m. , 
I do not believe that rejection of treaty is final, for the following 
reasons: Yesterday's debate and vote was undoubtedly previously 
arranged. This I believe both from the tone of the debate and from 
information which I had already received through persons of high 
influence. Debate lasted five hours. All communications between 
myself and the Colombian Government read. The fact that the Gov- 
ernment of the United States can not accept modifications or delay was 
made clear to the Senate. The most important speech made was that 
of General Ospina. It was to the effect that while desiring canal he 
could not give his vote for the ratification of the treaty because the 
terms were contrary to the provisions of the constitution. He implied 
that to bring negotiations to a conclusion the constitution should be 
modified, so as to allow negotiations to be brought to a successful con- 
clusion without prejudice to the honor of the country. He stated 
also that to effect this no delay was necessarv, as two debates will be 
suflicient for the purpose; he intimated that the Congress should be 
immediately dismissed by a decree for the purpose of modifying the 
constitution. ^ Upon that a new law will be passed authorizing the 
Executive, without further recourse to Congress, to conclude a canal 
treaty with the United States. Should this prove true the text of the 



52 INTEROCEANIO CANAL. 

present treaty could be accepted without hesitation. By this means 
Congress will be able to conclude negotiations without individual sen- 
ators publicly speaking in favor of it. 

Beaupr^. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, August 12, 1903. (Received 19.) 

August 12, 10 p. m. Confidential. [ ] called to inform 

me that this day's action of Congress was in accordance with plans 
perfected by the Government and influential Senators and citizens in 
in the belief that the treaty could not now be passed without amend- 
ments, but that within ver}^ short time such a reaction public senti- 
ment can be created as will enable the President to present the treaty 
again to the Senate and secure its passage without amendments. I 
have been aware of such a movement for some days, hence my tele- 
gram advising that there was still hope. 

[ ] asks if 3^ou will give two weeks more for the consum- 
mation of this plan before taking other action, and requests immediate 
reply. He doubts whether the constitution can be amended in time, 
and thinks it is not necessaiy. 

Beaupre. 



Mr. Loomis to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, August 13, 1903. 
Have you received Department cable of July 31 ? Amendments 
suggested in your cable of the 5th would be fatal to treaty. 

Loomis, Acting. 



Mr. Beaupre to Mr. Hay. 

No. 105.] Legation of the United States, 

Bogota, Atcgust 15, 1903. 
Sir: I have the honor to report that the most intensely critical period 
for the canal treaty seems to have passed, and that now there is some 
hope for a satisfactory conclusion. Since the rejection of the treaty 
on the 12th instant there has been an almost hysterical condition of 
alarm and uncertaintv in Bogota as to the future action of the United 
States. Yesterday there was a widelj^ circulated report that United 
States troops had landed on the Isthmus. When, finally, large posters 
were put up all over the city, announcing that because of a desire to 
maintain the most cordial relations with the United States, a joint com- 
mittee would be appointed by Congress to confer as to the way and 
means of an agreement for the construction of a canal, I am certain 
that there was a genuine feeling of relief. 



INTEROCEAlSriC CANAL. 53 

When the report of the special committee of the Senate was pre- 
pared, and I had positive information that twenty of the twent3^-seven 
votes in the Senate had been secured to jjass it, I knew at once that 
such action would be fatal; and there being no cable communication to 
permit of instructions from you, I determined upon a course of ener- 
getic action which, while it might seriously lessen my popularity here, 
and seem undiplomatic unless viewed in the light of the exigency and 
the circumstances, resulted in my two notes of the 5th instant and one 
of the 8th instant to the minister for foreign affairs. These notes were 
as strong and incisive as I could make them, with no attempt to dis- 
guise in suave phrases the fact that there was no probability that the 
United States Senate would accept the amendments proposed by the 
committee. Whether or not I was justified in writing such strong 
notes is best judged in the light of events, for they accomplished what 
I deemed to be necessary, and no other course could have prevented 
the adoption of the report of the committee. 

Some of the newspapers and members of Congress are expressing 
dissatisfaction with what they term my dictatorial attitude, but I do not 
consider this important, provided a satisfactory treaty is finally ratified, 
which now seems probable. 

When action was taken on the 12th instant no one in authority 
believed that it was final. Aside from the tone of the public debate, 
which would indicate this to the public, the Senators had come to an 
agreement some days before as to the policy to be pursued. Because 
of the apparent fatality of the amendments proposed, it seems to have 
been thought best by those in charge (and 1 was so informed about the 
10th instant), in view of the present state of public opinion, to reject 
the treaty in the first debate, and then, believing that there would be 
a reactioiQ of this public opinion, to resort to some coup to get the 
treaty again before Congress and pass it. 

Apparently the manner of getting at this has not been definitely 
determined, for there are various ideas of ways and means. 

General Ospina, the chairman of the new committee, stated to a 
friend of mine yesterday that the main objections to the treaty rested 
upon lawful or constitutional grounds. That the treaty was not 
unconstitutional, but contrary to law 2 of 1886 and law 158 of 1887. 
That the committee could recommend an annulment of these laws, 
which, if done, would permit the ratification of the treaty, with some 
trivial amendment intended to soothe the apparent inconsistency of 
the two votes. That the action of the 12th instant was taken on the 
minority report of the committee, and the majority report could still 
be called up and a reconsideration had. 

General Valencia, a senator and lawyer of reputation, says that the 
treaty is not unconstitutional, except with reference to the appoint- 
ment of United States tribunals on the isthmus, which is not highly 
important; that it is not necessary to annul laws, because the treaty 
itself would become a superseding law if passed; that the only thing 
to look to was to get enough votes to pass the treaty when it again 
came before the Senate. 

The feasible scheme, however, and the one most generally talked of 
as being likely to be adopted, is to frame a law authorizing the execu- 
tive to continue and finish the negotiations for a canal without further 
recourse to Congress. 



54 INTEROCEANIC CANAL. 

Whatever may be the means determined upon, it is altogether 
probable that the report of the joint committee will be passed when 
presented. 

There is a seeming of good intentions in this movement, and 3^et I 
can not forget that there has never been a favorable word said for the 
treaty in the Senate, nor in fact has it been discussed at all, and there 
is little evidence of a desire to treat the matter with open good faith 
to the United States. 

The first weeks of the session were devoted to the discussion of the 
question as to whether the vice-president must sign the treaty before 
it was considered by the Senate. In other words, an attempt of the 
vice president's political enemies to place the responsibilit}" for the 
negotiations upon him, which he declined to assume. When this point 
was settled to the satisfaction of the Government and the burden 
was apparentl}'- placed upon Congress, came the appointment of the 
special committee of one member from each of the nine departments 
of the Republic, who consumed nearlj^ three weeks in their delibera- 
tions, and then reported recommending the nine amendments, which 
I immediately cabled to j^ou. 

The first (and only) debate upon the committee's report occurred on 
the 12th instant, and that j^ou ma}^ understand how the matter has 
been treated I will give a summary of that day's proceedings: 

Senator Marroquin (son of the vice-president) moved that the debate 
be preceded b}^ the reading of the correspondence which had passed 
between the United States minister and the minister for foreign affairs 
on the canal negotiations. 

Senator Caro gave notice of a law he would move, containing two 
clauses, viz: 

(1) To reject the Hay-Herran treat^^ 

(2) That the United States Government be informed that the Con- 
gress of Colombia meant no manifestation of hostilit}" by this act, nor 
any antagonism to the construction of a canal by the United States. 

The correspondence above referred to was then read. 

My memorandum and notes, in which I pointed out that the Colom- 
bian Government did not apparentl}^ realize the gravity of the situa- 
tion, and that if Colombia should now reject the treaty or unduly 
delay its ratification the friendl}^ understanding between the two 
countries would be so seriously compromised that action might be 
taken by our Congress next winter which every friend of Colombia 
would regret, was received with loud murmurs of disapproval b}" the 
densely packed gallery. The minister for foreign affairs' replies, read 
mostly b}^ himself, were, on the other hand, greeted with applause. 

Besides the above, the tenor of my notes was (a) that an}- modifica- 
tions would be fatal; (h) that any modifications affecting the arrange- 
ments with the Panama Canal and Railway companies would not be 
accepted. The minister's replies were to the effect that the Govern- 
ment was bound to submit the treaty to the Congress, and that in the 
event of its not passing that body he understood that the United States 
would proceed to the negotiation with Nicaragua; but that he did not 
see that the refusal to ratify the treaty could in any way alter the 
friendly relations existing between Colombia and the United States. 

Senator Caro vehementl}^ attacked the Government for its attitude 
in the conducting of the negotiations. He taunted the minister for 
foreign affairs for his action in having the correspondence between the 



TNTEROCEANIC CANAL. 55 

United States minister and himself read as an attempt to elude the 
responsibility resting on the Government, and to cover it by courting- 
the applause of the gallery as the champion of the rights of the Colom- 
bian Senate; rights which, he said, had never been called in question 
by the United States minister. 

This same attitude was taken b}^ Senator Arango, in a short speech. 

The minister for foreign affairs then went through the whole history 
of the negotiations, beginning with the project of an interoceanic canal 
first made. He gave a detailed resume of the whole De Lesseps scheme, 
and its subsequent failure, and deduced the following conclusion: 
That the present situation, as shown by the history of antecedent 
schemes and negotiations, was that Colombia must choose one of two 
things — either the whole scheme of a Panama Canal must be abandoned, 
or Colombia must hand the undertaking over to the United States. 
Feelers had been thrown out which had proved that no other power 
or entity would under any circumstances take the project in hand. 
The concession, therefore, if given to anybody, must be given to the 
United States Government. But this fact must not be lost sight of, 
that the United States Government would not even consider the cutting 
of a canal which should not be its own canal. The minister than made 
reference to the notes which had passed between him and the legation 
of the United States. The result of that correspondence was that the 
Colombian Congress found itself in the dilemma of either accepting 
the treaty as it stands or losing all hope of seeing the great work cut 
through Colombian territorj^. He concluded by expressing the hope 
that, in discussing this matter, the Senate would strictly limit itself 
to the points at issue. The Government had done what it could in the 
matter. The negotiations had been initiated by the ablest of their 
statesmen, Dr. Martinez Silva, and the treaty, even as it now stood, 
bore the impress of that initiatory work. The Government had, 
moreover, left the decision of the issue to the free judgment of the 
country, and had exerted no influence whatever upon public opinion, 
when it could have passed the measure through by the use of dicta- 
torial measures. (This evoke marked disapprobatorj?^ murumrs from 
the gallery.) 

Senator Marroquin then made a short speech to the effect that the 
question turned on the acceptance or nonacceptance of the treaty, and 
not on questions of government policy, brought in by honorable sen- 
ators, and which were foreign to the discussion. 

A speech by Gen. Pedro Nel Ospina then followed, in which he 
blamed the minister for foreign affairs for having in a note given the 
United States minister the opportunity of raising the question as to 
whether or not his Government would accept any modifications. He 
said the minister's joosition reminded him of the man who, on being- 
told by an alcalde that he must furnish three horses for the use of the 
Government, turned, as he was leaving the room, and inquired: 
"Must I furnish saddles, also? " To which the alcalde replied: " Cer- 
tainl}^" He also said that, outside of the question as to whether he 
did or did not favor the canal treaty as it stood, he could not, in view 
of the existing laws of the country, give his vote for its ratification. 
That the Congress should, in his opinion, first so amend the laws of 
the country as to enable the Colombian Government to come to an 
agreement with that of the United States in a manner honorable to 
both countries. 



5(5 INTEROCEANIC CANAL. 

Senator Rodriguez spoke in the same sense, expressing his advocacy 
of the construction of a canal and his friendl}^ disposition toward the 
Government of the United States. He should, however, as privately 
agreed upon, give a negative vote on this occasion. 

And thus ended the only debate ever had in the Colombian Senate 
on the canal treat\\ 

A vote was taken at 6.30 p. m., and everj'- senator present was 
I'ecorded as voting against the ratification of the treat3^ 

As I have on man}' occasions informed you, ratification has seemed 
almost hopeless from the beginning without the active influence of the 
Government, and this it has never used. The Nationalists, under the 
lead of Senator Caro, have been too deeplj^ concerned in their efforts 
to belittle the Government to consider the merits of the treaty at all. 
The Liberals, while not represented in Congress, are the most active 
factors in creating public opinion, and have taken an almost identical 
position. The coffee planters and exporters, who think their business 
would be ruined by low foreign exchange, have been unpatriotic enough 
to place personal interests above national good, and have been against 
the treat}" because the $10,000,000 once paid Colombia would send 
exchange so low that coffee could not be exported from the interior. 
Even the Panama representatives have lately become so thoroughly 
imbued with the idea of an independent republic that they have been 
more or less indifferent to the fate of the treaty. 

As a matter of fact the treaty, as such, has had no active friends or 
or supporters, and if it is ratified at all it will be because of the strong 
attitude taken by the United States and the earnest repetition of the 
statement that the friendly understanding between the two countries 
depended upon it. 

It has been a diflicult and trjdng situation from the first, rendered 
more so by the interruption of cable communication, and one in which 
a strong, rather than a velvet hand, was imperative. 

I await the consummation with some hope and much distrust. 
I am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Loomis to Mr. JBeawpre. 

[Telegram.] 

Department of State, 

August 15^ 1903. 
Cable additional information concerning rejection of treaty as soon 
as possible. 

Loomis, Acting. 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., August 15, 1903. (Received August 23.) 
August 15, 1 p. m. Prominent Senator says that the vote on Wed- 
nesday^ was upon the minority report of the committee; hence, it is 
believed reconsideration possible on the line of majority report Thurs- 



INTEROCEANIC CANAL. 57 

day. Senate appointed new committee of tliree, General Ospina, 
chairman, in cooperation with similar committee appointed Friday by 
Chamber of Representatives, to report as joint committee of both 
Houses. The appearance is a disposition to find the means of ratify- 
ing the treaty. The committee seems one that will work to that end. 

Beaupre. 



M7\ Beaupre to Mr. Hay. 

No. 107.] Legation of the United States, 

Bogota, August 17, 1903. 
Sir: I have the honor to send you inclosed copies and translations 
of two notes from the minister for foreign affairs in regard to the 
Panama Canal treaty. 

I am, sir, your obedient servant, 

A. M. Beaupre. 



[Inclosure 1.— Translation.] 

Doctor Rico to Mr. Beaupre. 

Minister of Foreign Relations, 

Bogota, August 11, 1903. 

Me. Minister: In your polite note written the 8th of the present month, in answer 
to the one I had the honor to address to you on the same date, your excellency has 
been pleased to inform me that your previous notes have fully defined the antecedent 
circumstances which, as it appears from one of the two notes of your excellency of 
date of the 5th instant, "attended the whole negotiation of the canal treaty," and 
according to the same note, ' ' are of such a nature as to fully warrant the tFnited 
States in considering as a violation of the pact any modification whatever of the con- 
ditions stipulated in the treaty, such as may cause the gravest complications in the 
friendly relations which have hitherto existed between the two countries." 

The said note makes special reference to your excellency's note of June 10 last, 
which deals with the permission the canal company and the Panama Railroad Com- 
pany must obtain in order to transfer their respective concessions. I answered said 
note on the 27th of that month and stated to your excellency that in order to deter- 
mine the meaning of article 1 of the treaty. Congress would have to consult the ante- 
cedents of the negotiation, among which were included the notes of the minister of 
"hacienda" dated December 25 and 27, 1902, and an extract from the memorandum 
addressed to his excellency the Secretary of State on the 22d of November of the 
same year by the Colombian legation in Washington. 

In the opinion of the Colombian Government the view expressed by your excel- 
lency's Government that the circumstances attending the whole negotiation of the 
canal treaty are of such a nature as would fully authorize the United States in con- 
sidering as a violation of the pact any modification whatever of the conditions of the 
treaty is not compatible with diplomatic usages nor with the express stipulation of 
article 28 of the same convention. 

In fact, plenipotentiaries in concluding public treaties propose and accept con- 
ditions with the purpose of facilitating the negotiation which is not final except by 
means of ratification, which in republics is vested in the executive power with the 
concurrence, direct or indirect, of some other high powder of state. 

This doctrine is expressly recognized in the said article 28, which reads: "This 
convention when signed by the contracting parties, which shall be ratified according 
to the laws of the respective countries, and shall be exchanged in Washington within 
a term of eight months from this month, or earlier if possible." 

Under that article the Government of the United States submitted the treaty to 
the Senate for its approval, and the Government of Colombia has bad to do the 
same in respect to its Congress. The former proceeded in conformity to a constitu- 
tional provision, and the latter adopted analogous proceedings, because, according to 
paragraph 10 of article 120 of the constitution, the power of making treaties with 
foreign powers is qualified by the necessity of submitting them to the approval of 



58 INTEROCEANIC CANAL. 

Congress; so that the convention for the opening of the canal must, in order to be 
ratified in accordance with the laws of Colombia, as stipulated in said article 28, be 
ratified by the Congress; and the obtention of such approval, with or without 
amendments, could not have been a matter for agreement in any of the circum- 
stances which attended the negotiation and to which your excellency refers when 
you say that any modification of the terms or any delay in the exchange of ratifica- 
tions would be considered a violation of the stipulated conditions. If my Govern- 
ment had entered into that agreement your excellency would have said so in your 
note of the 8th instant, by which you were pleased to explain the paragraph in 
which those circumstances are discussed. 

Your excellency tells me that when the canal convention was presented to the 
Senate of the United States it met there the most violent opposition; that not only 
were the strongest efforts made to reject it as a whole, but that many amendments 
more or less important were proposed for immediate discussion, and that the final 
and definite victory was only attained after the most strenuous efforts on the part of 
the friends of the Administration, convinced as they were that it ought to be ratified 
without any alteration. 

The course of the honorable Senators who proposed the modifications makes it 
clear that they used their constitutional rights in proposing changes in the conditions 
of the pact, without any reason to consider that the Government of the United States 
was bound to approve the treaty without modifications, as has been claimed in regard 
to the Government of Colombia. 

I suppose that your excellency's Government has never denied to the Senate the 
right to introduce modifications in the international pacts, and that this right has 
the same legal force as that of approving or disapproving public treaties, and I under- 
stand that the Senate has exercised its right to propose modifications not only in this 
case, but also in others, as I pointed out to your excellency in my contra memoran- 
dum of June 18, in connection with the project of convention dated November 28, 
1902, between the United States and Great Britain, for the abrogation of the Clayton- 
Bulwer treaty of 1850. 

The Colombian Government, fully aware that justice and equity govern the course 
of the United States in its relations with all powers, and that its respect for the 
autonomy of the Spanish- American countries is a substantial guaranty of the sta- 
bility and independence of those nations, is confident that the principles which I 
have adduced in favor of the right which the Colombian Congress has, not only to 
propose modifications to the convention for the opening of the canal, but also to 
refuse its approval, can not but convince your excellency's Government that the 
exercise of that right can not in any manner entail complications great or small in 
the relations of the two countries, which it is to be hoped will continue on the same 
equal footing and in the same good understanding which has happily existed until 
now, and that they will facilitate the removal of the difficulties which have retarded 
the final agreement, the result of which is to accomplish that work of such great 
importance to the two high contracting parties and to the world's commerce. 

My attention has been especially called to a paragraph of your excellency's note of 
the 8th of this month which says that the opposition the treaty's approval met in the 
United States Senate convinces your excellency's Government beyond a doubt that 
no modifications to this pact could be submitted to that same Senate, because they 
would not be accepted. 

I might observe that the general opinion which has been developing itself in favor 
of the Panama route might induce the Senate in Washington to accept some or all of 
the modifications which may be adopted by the Colombian Congress; but as the 
Government of your excellency does not think possible the presentation of modifi- 
cations to the pact, I will call the attention of the Congress of Colombia to this grave 
circumstance. 

I am gratified at the explanation of your excellency in your notes relative to the 
approval of the treaty, that you have done nothing but fulfill the instructions of your 
Government, and I fully appreciate the personal interest which your excellency 
manifests in the honor and glory of the nation to which you are accredited, as well 
as the declaration that you wish to procure as great benefits as possible, not only to 
the country you represent, but also to that in which you reside, which it is hoped 
may exercise a beneficial influence in maintaining the most cordial friendship 
between the two Republics. 

I beg that your excellency accept the reiterations of my highest and most distin- 
guished consideration. 

(Signed) Luis Carlos Rico. 

His Excellency A. M. Beaupre, 

Envoy Extraordinary and Minister Plenipotentiary of the United States, etc. 



INTEEOCEANIC CANAL. 59 

[Inclosure 2. — Translation.] 

MiNisTEY OP Foreign Relations, 

Bogota, Atigust 14, 1903. 

Mr. Minister: As your excellency has been pleased to address me various notes 
relative to the treaty for the opening of the Panama Canal which was signed in 
Washington the 22d of January last, I inform your excellency that the Senate of the 
Eepublic disapproved that pact, by the unanimous vote of the senators present, in 
the session of the 12th of this month, and the day following approved, also unani- 
mously, the proposition which I have the honor to communicate to your excellency, 
and which is as follows: 

"The Senate of the Eepublic, in view of the disapproval given to the treaty signed 
in Washington the 22d of January of the present year, by the charge d'affaires of 
Colombia and the Secretary of State of the American Union, and taking into account 
the desire of the Colombian people to maintain the most cordial relations with the 
people of the United States of America, and its sentiment that the completion of the 
interoceanic canal across the Isthmus of Panama is a work of the greatest importance 
for the commerce and advancement of the world, as well as for the development and 
progress of the American nations, resolved: 

" 1. That a commission of three senators, appointed by the president of the Sen- 
ate, consulting in every possible way the opinion of the House of Representatives, 
study the manner of meeting the earnest desire of the Colombian people touching 
the construction of the Panama Canal, in harmony with the national interests and 
observance of the law by which the Senate was ruled on this solemn occasioa; and 

' ' 2. That the widest publicity be given both at home and abroad to this resolu- 
tion, to the modifications to said treaty proposed by the commission of the Senate, 
and to the other documents which had led to this resolution." 

Although I have made known by cable to the Colombian legation in Washington 
the contents of the proposition above quoted, in order that it may inform the Depart- 
ment of State of both actions, I communicate the same to your excellency in order 
that you may, if you see fit, also bring them to the knowledge of the Government of 
the United States. 

I renew to your excellency the assurances of my highest consideration. 

(Signed) Louis Carlos Rico. 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., August 17^1903. (Received August 25.) 
The President informs me that Congress will pass law authorizing 
him to continue and finish negotiations for canal; but what conditions 
will be specified he can not state at the present moment. 

Beaupre. 



Mr. Beaupre to the Department of State. 

No. 110.] Legation of the United States, 

Bogota, August 18, 1903. 
Sir: I have the honor to report that the Department's telegram of 
the 31st ultimo is the only instruction I have received since the tele- 
gram of the 13th of July concerning the canal treaty. 

As telegrams have arrived from London, Paris, and Berlin, there is 
something mysterious in the fact that none have come from the United 
States during this critical period. 

There is a feverish anxiety here to know what your position will be 
upon receiving news of the rejection of the treaty, and further action 
by Congress upon it. 

I am, sir, your obedient servant, 

A. M. Beaupr^:. 



60 INTEROCEANIC CANAL. 

Mr. Adee to Mr. Beau2?re. 

[Telegram.] 

Department of State, 

Washmgton, August 19, 1903. 
A telegram from consul at Colon communicates a telegram in 
Spanish, dated August 6, saying no cable received since Jul}^ 13. 
Department of State telegraphed 3^ou on Jul}^ 13, 2-1, 29, 31, August 
10, 13, and 15, and has received telegrams from you dated July 15, 
five dated August 5, one August 6, 10, and 12. Have you received 
Department's messages? If not, protest against interference with 
your official communications which are entitled to privilege. 

Adee, Actmg. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, August 2Jf., 1903. 
The President will make no engagement as to his action on the canal 
matter, but I regard it as improbable that any definite action will be 
taken within two weeks. 

Hat. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, August '2 If., 1903. (Received 28.) 
August 24, 11 a. m. Nothing has been done, and veiy little satis- 
factory action, this depending upon the attitude of the Government 
of the United States, which is waited for in great anxiety. The report 
of the committee prepared. Have received telegram of 13th; none 
later. 

, Beaupre. 



Mr. Beaupre to Secretary of State. 

No. 115.] Legation of the United States, 

Bogota, August ^4, 1903. 

Sir: Referring to the Department's No. 23 of July 21, 1903, I have 
the honor to inclose herewith two copies of the decree of Vice-President 
Maroquin calling the session of Congress to consider the canal treaty, 
and two copies of the sections of the constitution referred to in said 
decree as requested by the Hon. John T. Morgan. 

1 might add that the constitution of Colombia is to be found at page 
179 of Foreign Relations for 1886. 

1 am, sir, your obedient servant, A. M. Beaupr^. 



INTEKOCEANIC CANAL. 61 

[Inclosure in 115.] 

EXTRACTS PROM CONSTITUTION. 

Article 72. Congress shall assemble in extraordinary session when sunimoned by 
the Government. It shall, in such sessions, consider only such business as is specially 
submitted by the Government for its consideration. 

Paragraph 2 of article 118. To convene Congress in extraordinary sessions for 
serious reasons of public convenience and after previous consultation with the coun- 
cil of state. 

The preamble of article 118 reads: " The President of the Republic shall exercise 
the following powers in relation to the legislative department." 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, August 26, 1903. (Received 29.) 
August 26, 7 a. m. Have received telegram 19th. Have not received 
Department's messages of Jul}^ 24, 29, and August 16, which is most 
unfortunate, for the situation is grave, and much depends upon your 
attitude. 

Will protest. . Beaupre. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, Augtist 29, 1903. 
The President is bound by the Isthmian Canal statute, commonly 
called the Spooner law. By its provisions he is given a reasonable 
time to arrange a satisfactory treaty with Colombia. When, in his 
judgment, the reasonable time has expired and he has not been able to 
make a satisfactory arrangement as to the Panama route, he will then 
proceed to carry into effect the alternative of the statute. Meantime 
the President will enter into no engagement restraining his freedom 
of action under the statute. 

Hay. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, August 29, 1903. (Received September 4.) 
August 29, 12 m. I have not yet received an}^ messages from the 
Department concerning the rejection of the treatj^ nor those mentioned 
in my telegram of the 26th. The committee has not 3^et reported, and 
the prospects of satisfactory report are not good. 

Beaupre. 



62 INTEROCEANIC CANAL. 

Mr. Bfiaupre to Mr. Hay. 

Bogota, August 30, 1903. 

(Received September 12.) 
August 30, 8 a, m. Confidential. 1 am informed authoritatively 
that to assure the election of Reyes, Marroquin has alread}^ changed 
the governors of Bolivar, Magdalena, and Panama, nominating, respec- 
tively, Insignares, Barrios, and Senator Obaldia. All pledged to the 
treaty and to Reyes. 

Beaupr6. 

M7\ Beau/pre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota.^ August 31., 1903. (Received September 5.) 

August 31, 1903, 2 p. m. I had an interview with Senator Ospina 
to-da3^ He informed me that he is willing to remain so long as there 
is hope for the treatj^, but he is convinced that there is none, and will 
leave, therefore, on the 6th proximo. Confirms General Reyes state- 
ment concerning presidential candidate, and says that the next Senate 
was made certain for the treat}^; that he bears instructions to Gover- 
nors Signares and Barrios concerning the elections which will be held 
next December; that in accepting governorship of Panama he told the 
President that in case that the department found it necessary to revolt 
to secure canal, he would stand by Panama; but he added if the Govern- 
ment of the United States will wait for the next session of Congress 
canal can be secured without a revolution. Senator Campo, from the 
Cauca, is about to leave, thinking the treaty gone. 

Confidential. My opinion is that nothing satisfactory can be expected 
from this Congress. Caro's party has been joined by Velez and Soto 
and their followers, constituting a decisive majority against the treat3^ 
General Reyes seems to still entertain hopes. 

Beaupr^. 

Mr. Beaujpre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota., September 1, 1903. 
(Received through German embassy September 5.) 
Have not received Department's messages, while others of late date 
for various legations have arrived. I have sent important telegrams 
30 and 31. On receiving, answer by German minister. 

Beaupr^:. 



Mr. BeojuprS to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, Septemher ^, 1903. (Received September 6.) 
Have received your telegram 24. 

Beaupr^. 



IISTTEROCEANIC CANAL. 63 

Mr. Becmiwe to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., Septemher 5. (Received September 11, 10.10 p. m.) 

September 5. Have received telegram 29. Tiie committee have 
reported a law which approves rejection of the treaty; authorizes the 
President to conclude treaties for Panama canal or contract for same 
with private parties, subject to rights of companies; railroad company 
permitted to transfer, purchaser assuming all obligations, including 
annual pajmients of $250,000 and transfer of property to Colombia in 
196T; canal compan}^ permitted to transfer on pa3axient to Columbia of 
$10,000,000; the President authorized to make following concessions: 
Lease of zone for one hundred years, not including Panama or Colon; 
annual rent $150,000 until 1967; lease renewing ever}^ hundred 3^ears 
on payment of 25 per cent increase; neutrality of canal and the recogni- 
tion of Colombian sovereignty over the whole territory and inhabitants; 
mixed tribunals only; police and sanitary commissions Colombian 
only; excluded from zone; time limit for completion of works; 
Colombia to receive from contracting Government $20,000,000 on the 
ratifications of the treat}^; fixing regulations concerning purchase of 
private company. 

It is now highly probable even this may not be accepted by the 
Senate. In anj^ event nothing more satisfactoiy may be expected from 
this Congress. The debates will begin next Monday. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 129.] Legation of the United States, 

Bogota, Septemher 5 ., 1903. 

Sir: I have the honor to report that since the appointment of the 
joint congressional committee to consider the canal matter nothing was 
done until the committee made its report on the 4th instant. I cabled 
the substance of that report, and should there seem any prospect of its 
passing I will send it in full. 

As the situation seems at present, it is not likely to pass. The first 
debate in the Senate will commence on the Tth instant, and the ques- 
tion may be settled during the week. 

I think my previous reports have given the Department a very good 
idea of the situation, but there are some phases of it which I should 
like to discuss personally when I next visit the United States. This 
will be in March of next year, I think, if I can get the Department's 
permission, and circumstances admit of it. 

The impressions which I set forth in my No. 6 of April 15, 1903, 
that there would be an attempt to secure greater concessions from the 
United States before a canal treaty would be ratified, are now con- 
firmed. It is quite probable that the Government originally intended 
that a treaty of some sort should be passed, but apparently not the 
one under consideration in its entiret3^ 

If in the earlier days of Congress, when the Government had a 
majority in the Senate, the United States or the canal company could 



64 INTEROCEANIC CANAL. 

have been induced to add $10,000,000 or $15,000,000 to the recompense 
to be received by Colombia, 1 believe the treaty would have been rati- 
fied; but latel}' the tide of opposition has set in so stronol}^ that it has 
seemed beyond control. 

The public discussion which the Government invited has not only 
overwhelmed the treaty, but has been inmiensely disastrous to the 
Government itself. It has not been a discussion in fact, but a rivalry 
among- the newspapers as to which could produce the most violent and 
bitter attacks upon the whole iieg'otiation. The onl}' articles which 
have appeared in defense of the treaty were written by Mr. J. T. Ford 
and Mr. Enrique Cortez. These were answered bv personal attacks 
upon the writers. Mr. Ford was accused of desiring the passage of the 
treaty in order to secure the payment of the claims of his companies. 

I must give Mr. Ford the credit of working for the treaty to the 
utmost of his abilit}" during the three months that he remained at this 
capital. 

Some of the newspapers are now urging that by threats and intimi- 
dation a powerful nation has been trying to coerce the acceptance of 
an unconstitutional and unsatisfactor}^ treat}^ upon a weak one, but 
that through the lo^^alty of its legislators Colombia has emerged from 
the ordeal with unstained honor. 

With respect to the assurances from certain quartei'S that the next 
Congress would be made up so that the canal treaty maj^ be ratified, I 
believe that this must be taken with due allowance. That any one in 
authority here has any intention of securing the ratification of the 
treaty in its present form I can not believe. They will insist upon 
more mone}'^ and other modifications. 

It is now understood that the vice-president will close this Congress 
on the 20th instant, so that little consideration can be given to the 
important questions before it. I believe a law concerning foreign 
claims will be passed. It is said that in this the Government will dis- 
tinctly refuse to recognize its responsibilit}^ for damages occasioned 
b}^ the revolutionists. 

I am, sir, your obedient servant, 

A. M. Beaupre;. 



Mr. JBeaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota^ Septemher 10., 1903. (Received September 12.) 
Since the report of the canal committee the question has not been 
discussed in the Senate. First consideration of the report postponed 
until 14:th instant. Fierce attack to-day in the Senate upon the appoint- 
ment of Obaldia as governor of Panama. The appointment is reg-arded 
as being the forerunner of separation. Of several Senators who spoke 
only the son of the President defended the action of the Government. 
A resolution passed by almost unanimous vote, which is equivalent vote 
of censure against the Government. The situation is not improved. 
There is no prospect of satisfactory action. 

BEAUPEi:. 



INTEEOCEANIC CANAL. 65 

Mt. Beawpre to Mr. Hay. 

No. 133.] Legation of the United States, 

Bogota., Sejpteinber 11, 1903. 

Sir: I have the honor to report that events of interest have taken 
place in connection with the appointment of Senator Obaldia to the 
post of governor of the department of Panama. 

Senator Obaldia's separatist tendencies are well known, and he is 
reported to have said that, should the canal treaty not pass, the depart- 
ment of Panama would declare its independence, and would be right 
in doing so. That these are his opinions there is, of course, no doubt, 
as I stated in my telegram to the Department of August 31, 1903. 

At yesterday's session of the Senate the feeling of opposition to 
Senior Obaldia's appointment was given expression by a resolution 
proposed by Senator Perez y Soto, to the effect that — 

The Senate of the Republic can not see with indifference the appointment which 
has been made for the post of governor of the department of Panama, which it 
regards as a menace to the safety of the Republic. 

This resolution was amended by omitting the reference to the govern- 
orship of Panama in particular, and made to include all administrative 
posts held under the Government. 

In this form it passed with an almost unanimous vote. 

The debate itself, though short, for it lasted under two hours, was 
one of the most important that has yet taken place in open session. 
As I telegraphed yesterday, it was nothing more or less than a direct 
vote of censure. 

It was said that Obaldia's appointment could have one, and only 
one, explanation: That he was sent to the isthmus to make necessary 
preparations for the presidential election; and that other similar 
appointments had been made with the same end in view — such as that 
of insignares to the Department of Bolivar. 

The speakers showed greater heat than I have yet known them to 
evince in this Congress. It seemed to be the general opinion that the 
Government was prostituting the general interests of the country for 
purposes of electioneering intrigue. 

Gen. Pedro Nel Ospina, in a passionate and much applauded speech, 
warned the Government that should it persist in its present course, 
exhausted as the county was, a fresh revolution was not far distant. 

The notable feature in thie debate was the general spirit of hostility 
shown toward the Government, both by the Senators themselves and 
by the public assembled in the gallery and round the lobbies. With 
the exception of one Senator there was not a speaker who did not 
bitterly and uncompromisingly denounce the Government. When 
Senator Marroquin, the son of the President, rose to defend the action 
of the Government, he was greeted with hisses from all parts of the 
house, and hisses and jeers accompanied him throughout his speech. 
There was absolutely no sympathy for him nor for his position. 

It is evident, I think, that a cross current was at work during the 
debate. It was initiated by an opponent of the canal and a believer in 
the integrit}^ of Colombia against the appointment of a Panamaian 
who ardently supported the canal, and who, if forced to accept an 
alternative, would rather see the isthmus independent than lose the 
chance of seeing the canal built through his department. The oppo- 

S. Doc. 51 5 



66 INTEROCEANIC CANAL. 

nent of the canal scheme carried the house with him, but he gained 
their support, not in virtue of his attitude on the canal question, but 
because his resolution opened the door to a general attack on the 
Government. 

It really begins to appear that the majority of the senate care little 
about the canal, except in so far as that subject ministers to their own 
political ends. 

During yesterday's session the senators were presented with a 
document published by Senator Perez y Soto, protesting against the 
appointment of Senator Obaldia to Panama. The large portion of 
this publication consists of a cop}- of a letter addressed to the President 
on the subject. Treating of the canal in this letter, the following 
signiiicant passage occurs: 

When we (Perez y Soto and the President) again met, in December (1902), my 
first care was to entreat you to allow nothing to be signed — nothing at the time 
pending with the American Government — for by knowing how to wait we might be 
able to obtain greater advantages in the canal treaty. You answered me that the 
Government could very well allow the treaty to be signed, leaving it to Congress to 
make such modifications as it might see fit. I then observed to you that even that 
was a dangerous course to pursue, because with the Americans there was no playing. 
I said that you did not escape responsibility by making concessions ad referendum. 

I have no reason to doubt the Senator's veracit}', and his statement 
brings vividly to mind the predictions I made in my No. 6 of April 
15, 1903, to the effect that when the President ordered the treaty to be 
signed he anticipated amendments, and indulged in the hope of having 
them accepted b}" the United States. 

In view of recent representations made to the department that the 
election for members of the Congress of 1904 would be so looked 
after that the canal treaty could be passed, it is well to remember that 
the present Congress was speciall}^ called to consider the treaty, and 
that the same methods were employed in electing this one as must be 
in electing the one of next year. Why, then, if that power is lodged 
in the Government, were not the present senators and deputies pledged 
to the ratification of the treaty? 

If the Government intended to elect a minority strongly opposed to 
the treat}^, and to give them full play in their attacks upon it with the 
view of obtaining better terms from the United States, it has reckoned 
without its host, for it has brought into existence a Congress, a large 
portion of which is not onl}^ against the treaty but intensely hostile 
to the Government itself. This is partly due to blunders on the part 
of some of the governors of departments, especiall}^ the one in Panama, 
but also to the rupture with General Fernandez. A considerable num- 
ber of the senators and deputies elected were supporters of the latter, 
and were regarded as votes upon which the Government could count. 
After the break with Fernandez these votes joined the opposition, and 
to-day the Government finds itself confronted with a hostile majority 
instead of a noisy minority. 

It was evident!}^ plain to the Government some time ago that there 
is no hope for the ratification of the treaty; that the treaty would be 
rejected not on its own merits, but as a means of dealing a blow at the 
Government of President Marroquin. Seeing how the political game 
was being plaA^ed the Government abandoned an}" intent it may have 
had to advocate the treaty, and turned its attention to averting from 
itself the current of opposition, or at any rate the responsibility for 
the rejection of the treaty. For this reason on a motion by Senator 



ITSTTEEOCEAISriC CANAL. 67 

Marroquin, the President's son, ou the dsij which had been set apart 
b}^ previous arrangement for the rejection of the treat}^, the debate was 
preceded by the reading of the correspondence which had passed 
between the minister for foreign affairs and mj^self . The object of 
this move is clear. The Government desired to*^ make it appear that 
the rejection of the treaty was not a blow aimed at the President and 
his ministers, but was a protest against what was asserted to be the 
dictatorial attitude assumed by the United States Government through 
its minister. 

The first debate on the report of the joint congressional committee 
appointed to consider the canal matter has been postponed until the 
14th instant, but nothing satisfactory is to be expected from this 
Congress. 

I am, sir, j^our obedient servant, 

A. M. Beaupee. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, September llf,, 1903. (Received September 15.) 
Canal committee report unanimously passed first reading to-day. 
Perez Soto gave notice amendment absolutely restricting the Execu- 
tive to terms of proposed law. The situation has not changed, and 
nothing better than this law maj^ be expected. 

Beaupee. 



Mr. Beaapre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, Septemher 17, 1903. (Received 7.30 p. m., 18.) 
Septeniber 17, 11 a. m. No discussion of canal question and no 
change in the situation. 

The probability is that Congress will not adjourn before 20th 
proximo. 

Beaupee. 



Mr. Beaupre to Mr. Hay. 

No. 139.] Legation of the United States, 

Bogota, Septemler 18, 1903. 
Sir: I have the honor to send you inclosed a copy of the Diario 
Oficial of September 15, 1903, containing the majority and minority 
reports of the special committee of the Senate appointed to consider 
the Panama Canal treaty, which reports were made on August 1:, 1903. 
I also inclose the printed report of the Senate members of the joint 
committee appointed to consider the question of the construction of a 
canal, which report was made on September ■!, 1903. 



68 INTEROCEANIC CANAL. 

1 informed j^ou that the last report had passed the first debate in the 
Senate. Since that time the matter has not been considered at all. It 
is altog-ether probable that amendments will be made before the project 
passes the Senate, and that still others will be attached to it in the 
lower house. 

It is the general opinion that the Congress will be closed on October 
20, but this has not been definitely decided. At any rate the canal 
matter is not likel}^ to be disposed of until the last da3^s of the session. 
I am, sir, your obedient servant, 

A. M. Beaupre. 



[Translation.] t 

PANAMA CANAL. 

[Several papers concerning the treaty between Colombia and the United States. From the Diario 

Oficial.] 

[Translation of a project of a law submitted by certain senators on August 3, 1903, 
by which the treaty between the Republic o"f Colombia and the United States of 
America, for the construction of an interoceanic canal between the Atlantic and 
Pacific oceans, is approved with modifications. From the Diario Oficial, Septem- 
ber 15, 1903.] 

The Colombian Congress, having examined the treaty signed the 22d of January of 
the present year between the charge d'affaires of Colombia before the Government 
of the United States of America and the Secretary of State of that Republic, which 
treaty reads literally as follows (see text of treaty as signed), decrees: 

Sole article. That the above-inserted treaty is approved with modifications set 
forth as follows: 

First. In the preamble the reference to the law of the United States of June 28, 
1902 (Spooner law),- shall be suppressed. 

Second. In the first article a provision shall be introduced that the Panama Canal 
and Railroad companies shall previously enter into an agreement with the Colombian 
Government setting forth certain conditions, among which the Colombian Govern- 
ment shall give the necessary consent that such companies may transfer their rights 
to the United States. It shall be stipulated that Colombia shall recover control of 
all the public lands which are now in the possession of the said companies, without 
exception, so that the cities of Panama and Colon shall remain effectively and com- 
pletely outside of the zone of the concession. 

Third. The terms of the second and third articles shall be modified so as to clearly 
provide that Colombia concedes to the United States only the right to use the zone 
of the canal and such part of the adjacent territory as may be necessary for the work; 
it must be clearly set forth that the rights conceded to the United States are in the 
nature of a tenancy, excluding any idea of transfer of dominion by establishing clearly 
and peremptorily the perpetuity of the concession. The boundaries of the zone shall 
be indicated with the greatest possible precision and the accessory properties included 
in the concession shall be clearly set forth, definitely excluding from the latter the 
cities of Panama and Colon. It shall be stipulated, moreover, that the guaranty of 
the treaty of 1846-1848 shall not be modified in any way and shall continue to be in 
force in the Department of Panama, including the zone of concession. 

Fourth. In the seventh article the concession shall be limited expressly to the 
right to use gratuitously the waters of the lakes, lagoons, rivers, and other streams, 
natural or artificial, which are necessary for the feeding of the canal, or for its con- 
struction, sustenance, and operation, having the right to deviate the course of such 
waters, to raise or lower their levels, to convert them into lakes, widen or reduce 
them, as may be most convenient for the purposes; and it shall be stipulated that 
such right is exclusive so far as it relates to the use of said waters for the feeding and 
supply of the canal and canal auxiliaries, this concession not preventing the waters 
referred to being used, under legitimate authority, for other purposes than naviga- 
tion, which do not interfere with or obstruct the use which the United States may 
desire to make of them. The use of water or waterways outside of the canal zone 
for the transportation of materials shall not be the exclusive right of the United 
States, but this right shall be granted to them without taxes or imposts of any kind, 
so far as relates to materials for the construction, support, and working of the canal. 



INIEEOCEANIC CANAL. 69 

The natural products, property of the RepubUc, which the United States may 
require for the work shall be stipulated with the greatest possible exactness, the right 
being limited to the Department of Panama, and providing that the expropriations 
which shall be made under this article (seventh) shall be'subject to the provisions 
of article 14. 

Fifth. In the eighth article the vagueness of the clause shall be corrected, under 
which no taxes shall be collected in the cities of Panama and Colon except upon 
merchandise imported for consumption in the rest of the Republic of Colombia, etc. 

Sixth. In the thirteenth article there shall be suppressed as being contrary to the 
constitution all that relates to the establishment of United States tribunals and the 
application of the laws of that country in Colombian territory, and it shall be stipu- 
lated that the regulations of police and sanitation which shall be in force in the canal 
zone shall be a matter for agreement between the two Governments. 

Seventh. Indemnifications which may be named by the committee mentioned in 
article 14 of the convention for expropriations made in certain cases referred to in the 
same article shall be paid by the United States, and the valuations shall be in accord- 
ance with the regulations set forth in article 9 of the law 119 of 1890. 
_ Eighth. In the twenty-fourth article a clause of forfeiture shall be introduced, des- 
ignatmg a term after which, if the work is not completed, all the concessions shall 
lapse and all the rights and property of the enterprise shall return to Colombia. 

The last part of article 25, beginning, "But no delay, etc.," shall be suppressed. 

Ninth. In the additional clause the tribunal shall determine what must be done 
concerning differences that may arise between the contracting parties touching the 
fulfillment of the treaty provisions. Given, etc. 

Submitted to the honorable Senate, in special committee, by the undersigned 
senators in the session of Mondav, the 3d of August, 1903. 

Pedro Nel Ospina, J. D. de Obaldia, J. M. Uricoechea, Luis F. Campo, Eduardo 
B. Gerlein, J. M. Eibas Groot, Jose M. Gonzalez Valencia. 

Joaquin M. Uribe B. and Juan B. Perez y Soto reserve the privilege of a separate 
report. 

(In their minority reports they greatly amend the treaty.) 



Colombia, Senate Chamber, Office of the Secretaey, No. 116, 
_, , ,^. . Bogota, August 13, 1903. 

10 the Minister for Foreign Affairs: 

In compliance with article 322 of the Senate rules. I have the honor to inform your 
excellency that this body, in j^esterday's session, rejected on first debate the project 
of law ' by which the treaty (signed in Washington on January 22, 1903) for the 
opening of the Panama Canal is approved." 

God preserve your excellency. 

Miguel A. Penaredonda. 



Colombia, Senate Chamber, Office of the Secretary, No. 121, 

i,r- ■ . ^ -r. ■ -r, , . Bogota, August 13, 1903. 

Mimster of Foreign Relations: 

In order that the Department under your excellency may take such course as may 
be deemed proper for foreign publicity, I communicate at once to your excellency 
the resolution unanimously approved by the Senate at to-day's session, 
iir" u^^ Senate of the Republic, in view of the rejection given to the treaty signed in 
Washington on January 22 of the present year, between the charge d'affaires of 
Colombia and the Secretary of State of the American Union, and taking into account 
the tact that the people of Colombia desire to maintain the most cordial relations with 
the United States of America, and deem the construction of an interoceanic canal 
across the Isthmus of Panama a matter of the greatest importance to commerce and 
the_ world s progress, as well as for the development and progress of the American 
nations, resolves: 

"First. That a committee of three senators, designated by the president of the 
benate, consulting as far as possible the views of the House of Representatives, shall 
investigate a way of satisfying the desire of the Colombian people regarding the con- 
struction of the Panama Canal in harmony with the national interests and respect for 
law which has been on this solemn occasion the guide of the Senate. 



70 INTEROCEANIC CANAL. 

"Second. That the greatest possible pubUcity shall be given, in this country as 
well as elsewhere, to this resolution, to the modifications which the Senate com- 
mittee may propose to said treaty, and to the other documents which have preceded 
in the consideration of this matter. 

God jjreserve your excellency. 

MiciUEL A. Penaredoxda. 



[Inclosurc with dispatch No. 139, September 18, 1903, from the United States minister at Bogota.— 

Transhition.] 

PANAMA CANAL — REPORT OP A COMMITTEE AND DRAFT OF A LAW. 

Honorable Senators: 

Having been designated on the 1.3th instant by this honorable chamber to "find a 
way to satisfy the desire of the Colombian people regarding the construction of the 
Panama Canal in harmony with the national interests and respect for law, which has 
been on this solemn occasion the guide of the Senate," a designation made in con- 
formity with the resolution adopted on the same day and reached after the unani- 
mous rejection, on first debate, of the draft of law "which approves the treaty signed 
in Washington on the 22d of January of the present year between the plenipoten- 
tiaries of the Republic of Colombia and of the United States of jVmerica for the con- 
struction of an interoceanic canal through the Colombian Isthmus," we have given 
our whole attention to this difficult subject, endeavoring to find a solution which may 
harmonize and satisfy the exigencies of the case. 

It is known that the treaty was disapproved because of unconstitutionality, illegal- 
ity, and inconvenience for Colombia of some of its provisions, and because, while the 
Senate was considering it (under its constitutional prerogative and in accordance with 
the provisions of the treaty itself) and was in possession of the report which, at the 
first debate, the majority of the committee named for the purpose submitted, and of 
the restrictions proposed, the Government of the United States made known to 
Colombia, through their United States minister in Bogota and the department of 
foreign affairs, and by the latter directly to the Senate, that any modification which 
might be introduced into the convention would not be admitted and would be equiva- 
lent to a rejection of the treaty. The Colombian Senate, in view of the attitude and 
declaration of the United States Government, was left necessarily with the alterna- 
tive of approving wh'at the constitution and the interest of the country ordered it to 
reject, or of refusing its approbation to what had been conditionally agreed upon by 
the two Governments. The Senate determined upon the latter of these alternatives, 
as was to have been expected. 

Keeping within the constitutional limits (according to our loyal understanding of 
the constitution) and admitting such concessions as reason and experience show are 
indispensable, in order to arrive in this matter at a satisfactory and practical solu- 
tion, we have formulated a draft of a law of authorizations, which we submit on a 
separate page, and which, if certainly an imperfect result because of the difficulties 
of the subject, of our incapacity, and of the many peculiar circumstances of the present 
case, will show our desire to succeed, and that an initiative which may tend to solve 
a problem of such universal importance as that of communication between the two 
oceans through our Isthmus of Panama, is not abandoned without some fresh effort 
made in good faith and loyalty by both parties. 

It is too clear to us (as to all the world) that this matter can not be determined 
heedlessly, but that its solution, the result of which will affect our entire country for 
centuries, and represents at this time the hope of life and prosperity or the fear of 
ruin to important sections of the country, and even to those sections apparently 
remote and isolated with respect to the colossal work, demands that it be considered 
and acted upon in an especial manner, not permitting the standard to be disturbed 
either by erroneous notions or half-formed truths, which usually divert it or carry it 
to extremes which, the fervor of the moment having passed, may afterwards appear 
improper. Calmness, a precise appreciation of the present and future national needs, in 
the widest and noblest sense of those words, foresight and prudence most enter irito 
the study of this thorny question in order that it can be said that it Avas settled for 
the country's good, which must consist in acts, not in words; in serving the country, 
not in harming it in the belief of serving it. We may feel sure that this is the first 
occasion in which this problem has been presented before the world under the con- 
ditions which we now have before us. It would be, then, useless to look for prece- 
dents. Whatever may be done to settle the matter under these circumstances, 



INTEROCEAlSfIC CANAL. 71 

which no one can alter, will be the precedent for future cases. We must bravely 
and loj'ally meet the problem because it is ours and at the same time interests^ the 
entire civilized world. It is necessary, then, to proceed without losing sight of the 
most important points, which are not necessary to enumerate here, and not only to 
look for the greatest good possible in the facts for Colombia, but to try to patriotically 
avoid serious evils whose character and importance might perhaps involve worse 
results than those which are now circulated around by the best intentioned but, per- 
chance, not sutficiently discerning persons who, in desiring that things shall be as 
they are not, close their eyes to the reality of a situation which if prudently looked 
into might be converted into good to the country, but if unknown or carelessly 
studied, will not fail to bring about dangers and complications in no way compen- 
sated by good intentions or friendly words. Civil courage demands, in cases like this, 
a frank expression of honest conviction. 

In view of which we have the honor to propose the following draft of a resolution: 

"That there be a first debate of the draft of a law by which a disapproval is ratified 
and authorizations are given to the Government to negotiate for the opening of an 
interoceanic canal across the Isthmus of Panama." 

Bogota, August 29, 1903. 

Submitted by the undersigned members of the committee designated by the presi- 
dent of the Senate: 

Pedro Nel Ospina. 
Manuel Maria Rodriguez. 

Upon the recommendation of the honorable Senator Luis F. Campo. 

Pedro Nel Ospixa. 

Office- of the Secretary of the Senate. 

On this date it was resolved to extend the time for consideration of the draft to 
w^hich this report refers until the session of next Monday, and to publish prior to 
that date the report of the draft of the law in a loose sheet. 

September 2, 1903. 



Draft of a laiv ivMch ratifies the disapproval and gives authorization to the Government to 
negotiate for the opening of an interoceanic canal across the Isthmus of Panama. 

The Colombian Congress decrees: 

Article. Ratifies the rejection made on the 12th of August in the Senate chamber 
of the ' ' convention between the Republic of Colombia and the United States of 
America for the construction of an interoceanic canal between the Atlantic and 
Pacific oceans," signed at Washington on the 22d of January of the present year, 
1903. 

Article. Invests the President of the Republic wdth all the necessary powers, in 
order that at any time he may deem proper and opportune he may negotiate public 
treaties or conventions for the opening of an interoceanic canal across the Isthmus 
of Panama, or contract for the construction of such a work with cori^orations or pri- 
vate companies who may give sufficient guarantee of being able to carry the work to 
completion within the term that may be designated. 

Article. The foregoing authorizations shall be understood to be granted Avithout 
prejudice to the rights acquired by the New Panama Canal and Railroad companies, 
which companies shall continue in the full use and enjoyment of their privileges and 
concessions, and subject to the fulfillment of their obligations, so long as they have 
not come to an agreement with the Government of Colombia concerning the manner 
of transferring to another company, political entity (corporation?), or foreign gov- 
ernment the rights, concessions, and privileges growing out of the contracts entered 
into with them. _ ■ 

Article. The Government of Colombia shall permit the railroad company of Pan- 
ama to transfer to another government or entity the rights and enjoyments which 
said company may possess in the aforesaid enterprise, providing that the conces- 
sioner and concessionist respect the contracts which are now in forces in the matter, 
particularly as regards the recognition of the obligation to pay to Colombia the 
annual rental of 250,000 pesos in gold, and to transfer (to her) the absolute owner- 
ship in the enterprise at the expiration of the year 1967, or pay in that year a fair 
price for the work, fixed by an agreement between the two parties or, in case of dis- 
agreement, a sum to be determined by the government of some friendly nation as 
arbitrator. 



72 INTEROCEANIC CANAL. 

Paragraph. In the transfer mentioned, the pubUc lands referred to in title 2 of the 
contract entered into with the railroad company on the 15th of April, 1850, shall not 
be included, such lands shall then be returned to Colombia. The lands used by the 
line of the railroad, the stations and other appurtenances shall be turned over to the 
Republic at the expiration of the existinj^ concession. 

Article. The Government of Colombia will likewise permit the New Panama 
Canal Company to transfer its rights and engagements to any other government or 
political entity providing that the said company fultills the following conditions: 

First. That there be paid to the Government of Colombia when the transfer is made 
the sum of 50,000,000 francs. 

Second. That there shall not be included in the cession 500,000 hectares of public 
land which, under the present contract, belongs to it. These lands shall be returned 
to the full control of Colombia. 

Paragraph. The 50,000 preferred shares which the Republic has in the New Canal 
Company shall be canceled as soon as the Government receives the 50,000,000 francs 
referred to in the second part of this article. 

Article. In the negotiation of the treaties or conventions mentioned in this law 
the Government of Colombia is authorized to make, if it shall be necessary, concessions 
on the following bases: 

First. To constitute a right for the sole end of constructing, maintaining, and 
operating a canal and its auxiliary works upon a strip of Colombian territory 10 miles 
wide, from the Caribbean Sea to the Pacific Ocean, in which (zone) the cities of 
Panama and Colon shall not be included. The duration of this right shall be for one 
hundred vears and the concessioner shall pav for this right an annual rental sum of 
$150,000 in gold up to the year 1967, inclusive, and $400,000 from 1968 and thereafter, 
this concession being renewable at the option of the concessioner for periods of equal 
duration (one hundred years), provided the latter agrees to increase, in the propor- 
tion of 25 to 100, above the maximum bases of the preceding period, the annual 
rental sum. 

The concessioner shall also have the right to use and dispose of materials of con- 
struction which are within the zone referred to and of the waters necessary for the 
construction, operation, and maintenance of the canal and its auxiliary works. 

2"'. Expropriation in conformity with Colombian law, and at the cost of the con- 
tracting government, of private properties in the aforementioned zone, and previous 
indemnification, at the cost of the same government, for damages and injuries which 
the works or labors undertaken may occasion to private properties. 

3''. The consent of Colombia for the construction of ports at the mouths of the canal 
and for the use of the portion of the sea adjacent to them, so far as said use is neces- 
sary for anchorage, repair, and protection of vessels. 

4'\ The free use across the zone for public roadways already existing or for those 
that may be constructed between the towns and districts of the Department of Panama. 

5". Exemption from customs duties, established in favor of the foreign contracting 
government for the introduction of machinery, fixtures, and tools necessary for the 
construction and maintenance of the work. 

6". The neutrality of the canal and explicit recognition of the sovereignty of 
Colombia over all its territory and inhabitants. 

7". For the judging of all causes or litigations, whether the interested parties are 
foreigners or Colombians and foreigners, the Colombian Government shall agree 
with the foreign contracting government upon the establishment, in the constituted 
zone, of mixed tribunals with civil, criminal, and admiralty jurisdiction, which tri- 
bunals shall be composed of jurists named in equal number by each of the two Gov- 
ernments and the laws and regulations which they may agree upon shall be in force. 

8". It shall be the duty of the Colombian Government to maintain order, security, 
and public sanitation by means of police and the national army in the aforementioned 
zone of the canal; but Colombia shall be permitted to ask the loan of such service 
from the foreign contracting government, and in such event the latter government 
must render the service at its own cost. 

9=*. And, finally, that the Bahia del Almirante shall be, in no case, included in the 
waters which are at the disjaosal of the contracting government, and that the right 
is reserved to Colombia to utilize as seems best the present geographical communica- 
tion between the channels of the Atrato and San Juan rivers. 

Article. The Government of Colombia shall stipulate in the treatj^ or convention 
a provision for forfeiture in the event that the concessioner does not begin or com- 
plete the work on the canal within the appropriate and sufficient periods that may 
be fixed for that purpose. 

Article. It shall be expressly stipulated that any disagreement as to the meaning 
or interpretation of the treaty shall be settled by the arbitration of a nation friendly 
to both contracting parties. 



INTEROCEANIC CANAL. 73 

Article. As an initial compensation for the granting of the right which is referred 

to in article , and for the other rights and concessions authorized by this law, the 

contracting Government shall pay to Colombia, as a minimum, the sum of §20,000,000 
in American gold upon the exchange of ratifications of the treaty. 

Article. If Ihe negotiation shall be made with a private company or association, 
the bases shall be analogous to those of the contract entered into with the French 
companv, and shall primarily stipulate the following conditions: 

(o) Recognition of the legislation and jurisdiction of Colombia; _ 

(6) Renunciation of diplomatic intervention in case of any claim not a denial of 

(e) Forfeiture of the privilege for nonexecution of the work within the fixed 
periods; . 

{d) Recognition in favor of Colombia of such shares m the enterprise as may be the 
estimated value of the works already made, of the machinery, fixtures, and tools of 
which the nation shall be the owner at the expiration of the extension granted to 
the Canal Company; _ . ^ , ^ , , • . .i, 

(e) The complete acquisition of the enterprise gratmtously by Colombia at tJie 
termination of the one-hmidredth year of the concession. 

Bogota, August 29, 1903. , ^ ^,. 

Submitted by the undersigned members of the committee designated by his excel- 
lency the president of the Senate: Pedro Nel Ospina; Manuel Maria Rodriguez. 
Upon the recommendation of the honorable Senator Luis F. Campo, Pedro Nel 
Ospina. 



Mr. JSeaupre to Mr. Say. 

[Telegram.] 

United States Legation, 

Bogota, September ^2, 1903. (Received 1.36 p. m., 23.) 

September 22, 5 p. m. The proposed law concerning the canal ^ 

treat}- has not. been discussed since the first reading. No new 

developments. 

Beaupre. 



3£r. Beaiqyre to Mr. Hay. 

No. 150.] Legation of the United States, 

Bogota, Septemler ^If,, 1903. 

Sir: The report of the committee with its project of law authorizing 
the executive to negotiate for the construction of an Isthmian canal 
has not yet been presented to the Senate since the first debate. 

The legislative procedure in the Colombian Congress is as follows: 

At the first debate the project of law is presented, and if it is a sub- 
ject that the Senate desires to consider, it is passed. If rejected it is 
implied that the Senate does not wish to consider the matter at all. 

If the project of law passes the first debate it is referred to a com- 
mittee appointed by the president of the Senate. The comhiittee is 
given a reasonable time to study the law and has the power to suggest 
amendments. When this committee reports the matter comes up for 
the second debate, and this is the crucial test. Aside from the report 
of the committee individual members may propose amendments, and 
there is a general discussion of the whole question. As the law comes 
out of this debate it will pass, for the third debate is but a matter of 
form. 

The project then goes to the Chamber of Representatives, where the 
same rules are observed. 



74 INTEROCEANIC CANAL. 

A law may originate in either the Senate or the Chamber, and may 
be introduced b^^ any member tliereof or by the ministers of the Gov- 
ernment, and the ministers may take part in all legislative debates. 

There is no provision for conference committees, but if amendments 
are made to a Senate law by the Chamber, it is sent back to the original 
body for further consideration. 

As I have previously reported, the proposed law authorizing the 
Executive to negotiate for the construction of a Panama canal, passed 
the lirst debate in the Senate; it was then referred to a committee 
headed b}^ Senator Quintero Calderon as chairman. That Senator has 
since been ver}'^ ill, so that nothing has been done toward a report. 
Yesterday, the 23d instant, the president of the Senate appointed 
Senator Rivas G. as chairman of the committee to succeed Senator 
Quintero Calderon, and gave him live daj^s in which to prepare a report. 

According to the very best information that I can get at this time, 
there is very little probability of the law passing the second debate in 
its present form. The enemies of the Government and the canal treaty 
threaten to add amendments still more unfavorable to the United 
States, and that the}^ will succeed I do not doubt. I had an interview 
this morning with Gen. Pedro Nel Ospina, one of the strong men of the 
Senate, and he, too, is of the opinion that modifications are certain to 
be made. 

I am, sir, your obedient servant, 

A. M. Beaupke. 



Mt. Beaujjre to Mr. Hay. 

No. 154.] Legation of the United States, 

Bogota., Septemher ^5, 1903. 

Sie: I have the honor to report some further details relating to the 
Panama Canal treaty. 

A resident of the United States, and one not thoroughh' familiar 
with the people of Colombia and especially of Bogota and the inte- 
riors, can not understand the embarrassments and trials experienced 
by this legation during the course of the canal negotiations. 

The difficulty of getting reliable information of the status of affairs 
has been almost insurmountable, because public opinion and the ideas 
of the leaders on both sides have varied and shifted with the succeed- 
ing days. 

When Congress convened and the first votes taken in the Senate 
indicated that the Government had been sustained and that its friends 
were in the raajorit}^, most people believed that the treaty would be 
ratified. 

As time went on and the Government did not use its influence in 
favor of the treaty and the committee to whom it had been referred 
were twice given an extension of time for their deliberations, the long 
wait and inaction lessened public interest in the main question, and 
there was little discussion of it. 

Then Senator Caro appeared upon the scene and commenced his 
violent assaults upon the Government, and the executive power began 
certainly and surely to lose ground. Again the public was aroused 
into vehement opposition to the treaty. During this period, and 



INTEROCEANIC CANAL. 75 

before there was an opportunity for another reaction, and before there 
was any real discussion of the merits of the treaty, it was presented 
and rejected. 

While this latter period lasted it seemed impossible to get the 
expression of the real opinion of any of the senators, with the excep- 
tion of Obaldia, Perez y Soto, and Velez. It is a positive fact that 
some of the most prominent senators avoided me because of the 
charges, frequently made, that bribery was being resorted to by the 
United States, and the consequent fear that if seen in conversation 
with the American minister they would be under suspicion. This was 
admitted to me after the rejection of the treaty. 

Mr. Enrique Cortez was one of the two men who defended the 
treaty in public articles. Because 1 was seen making a social call at 
his residence, he was openly accused the next day of being in the pa}^ 
of the United States minister. He afterwards intimated to my son- 
in-law that for the above reason he could not see as much of me and 
my family as he wished. 

Of course these matters are unimportant, except that they show the 
annoyances and difficulties one has to contend with in this country, 
where, after all, the little things so greatly affect and influence the 
great ones. 

The minister for foreign affairs was evidently as reluctant as others 
to express any opinion, and it was very apparent that he did not wish to 
discuss canal matters. About all I could get from him was that con- 
ditions were "very bad" or "a little better." I found the President 
much more inclined to tell me his hopes and fears on the question. 

General Reyes said to me that he had advised the Government 
against forcing the ratification of the treaty in the earl}^ days of Con- 
gress, thinking it best to influence public opinion into a more favorable 
state before taking such action, and that this had been the Govern- 
ment's view. He realized that this course had been a serious mistake, 
for the reaction that they had anticipated had not come. His own 
actions had been influenced by these views, and it was only a few days 
before the rejection of the treaty that he came out in the open and 
advocated its ratification. I believe that he did the best he could after 
that, but it was too late. 

It was in these last few days that the idea presented itself to mem- 
bers of the Government, General Reyes, and others, that it would be 
best to have the treaty rejected at the first debate, in the hope that 
such precipitous and unusual action would arouse the coast depart- 
ments into vehement protests, send exchange up enormously, and so 
disturb the country that there would be a reaction of public sentiment 
which would enable them to either have the treat}^ reconsidered or to 
pass a law authorizing the President to complete the negotiations. 

But their plans and anticipations were built upon sand. The reac- 
tion they hoped for did not come. The mere announcement that a 
joint Congressional committee had been appointed to provide ways and 
means for the construction of a canal was enough to calm the public 
pulse, for the public has continued in the secure belief that the United 
States would never seriously consider any other route for a canal than 
that through Colombian territory; that she was abundantly able and 
would in the end concede to Colombia a much greater recompense in 
money and more favorable concessions generally; that whatever pro- 
posals the new committee would make would be accepted by the United 



76 i]srTj:E0CEANic canal. 

States. With this belief abroad, the opposition to the terms of the 
proposed treaty has intensified rather than otherwise, culminating in 
the report of the joint committee now before the Senate. 

With all this shifting and changing of plans and sentiments, it has 
been most difficult to forward to the Department reliable information. 
I have several times been about to telegraph news which came to me 
from what should be absolutely authoritative sources, when further 
investigation convinced me that it was a myth; a theory of one day 
which would be abandoned the next. 

In connection with the uni'eliabilit}'^ of the information given out by 
people in high places, 1 might mention that one day a prominent Sena- 
tor told me very confidentially of a plan concerning the treaty that 
was to be carried out. Within an hour afterwards, a friend came to 
the legation, fresh from an interview with the same Senator, who had 
told him that a plan would be proposed in all respects different from 
the one explained to me. When I informed my visitor of my conver- 
sation with the Senator, he said: "Mr. Beaupre, am I going mad! or 
have these people all lost their senses? There is nothing but lies and 
lies! 1 walk two blocks to hear an important bit of news, and in the 
next two hear an entire contradiction, both coming from the same 
source." I should add that neither of the plans were ever acted on. 

And so it has been from the beginning. 
I am, sir, your obedient servant, 

A. M. Beaupke. 



Mt. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, Septemher ^7, 1903. 
(Received September 28, 1.12 p. m.) 
September 27, 8 p. m. No change in canal matter. Second debate 
of projected law will probably be decisive, and this will occur within 
a few da3^s. Additional amendments practically certain. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota., Sej^teviher 30, 1903. (Received 10.55 p. m.) 
September 30, noon. The Senate commission appointed at the first 
debate on canal committee's report of September 12, to prepare the 
matter for second debate, have prepared their report, and it will be 
presented in a few days. It approves rejection of the treaty August 
12, but disapproves the proposed law authorizing the executive to 
negotiate for the construction of a canal under mentioned conditions. 
The object is to leave the Government at liberty to negotiate a new 
treaty without restriction. There is a prospect that it will be adopted. 

Beaupre. 



INTEROCEANIC CANAL. 77 

Mr. Beaupre to Mr. Hay, 

No. 164.] Legation of the United States, 

Bogota^ September 30^ 1903. 

Sir: I have the honor to report that 1 have succeeded in obtaining" 
from Senator Rivas G., chairman of the committee to whom was 
referred the report made to the Senate by the canal committee on 
September 12, the substance of the report which he will make in the 
next day or two. As I telegraphed to the Department to-da}^, he will 
recommend the approval of the action of the Senate on August 12 in 
rejecting the Panama Canal treatj^ with the United States. He will 
also recommend the disapproval and rejection of the proposed law 
authorizing the President to make treaties or contracts for the con- 
struction of an Isthmian canal. This law was embodied in the com- 
mittee's report made on September 12, and contained many provisions 
binding the President to a certain line of action, and prescribing the 
concessions which could be made, of which 1 have previously informed 
the Department. 

Senator Rivas said that by simply rejecting this proposed law, and 
adding no further legislation, the Government would be left at full 
liberty to negotiate, without restrictions, on such terms as could be 
obtained, and as would be honorable and just to the contracting par- 
ties. He felt confident that his plan would be accepted by the Senate 
and confirmed by the Chamber of Representatives. 

If the Senate takes this step, and there seems to be a reasonable 
probability that it will, the canal matter will stand just as it did the 
day after its rejection on August 12; or, in fact, as it did before the 
treaty was signed in Washington on January 22, 1903. 

It is said, and generally believed in this city, that there is a project 
on foot among certain Senators to annul the arrangement entered into 
by the Colombian Government and the French Canal Company in 
1900, extending the franchise and privileges of that compan3^ Even 
men good enough to be candidates for President are advocating this 
action with all seriousness and solemnity. It is urged that Congress 
has full power to either annul or ratify the action of the Government 
in this matter, and that if the arrangement made extending the contract 
is declared null and void, the French company's rights and interests on 
the Isthmus cease to exist, and Colombia could then arrange with the 
United States to receive not onlv the $10,000,000 ofi'ered her, but the 
$40,000,000 offered the company. 

The good or bad faith of such a movement is not of sufficient con- 
sideration to prevent an attempt being made to carry it out, and were 
it not for one important element in the situation, it is quite among the 
possibilities that it would be successful. 

Senator Caro and his followers are powerful .factors in the present 
Senate. Senator Caro was an intimate friend and advisor of President 
Sanclemente, under whose administration the franchise of the French 
company was extended.^ and it is quite certain that he will defend that 
administration to the extent of his ability. He would probabh^ favor 
any investigation or action tending to the detriment of the present 
Government, but not any retrospective measure censuring the pre- 
vious Government. As the situation now is, any project serioush^ 
opposed bj^ him would stand little chance of success. 
I am, sir, your obedient servant, 

A. M. Beaupr^. 



7 b INTEKOCEANIC CANAL. 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation. 
Bogota, October P, 1903. (Received October Itt, 2.10 p. m.) 
The report of the committee referred to in my telegram of Septem- 
ber 30 will be presented this afternoon. Informed the principal rec- 
ommendation will be to annul the arrangement made with the canal 
compan}^ in 1900 extending its concession. By such action Colombian 
Government evidently hopes to renew the negotiations without any 
reference to compan}^, and by this means United States of Colombia 
would be enabled to accept the money compensation otherwise accru- 
ing to the compan3^ 

Will advise further as soon as I can see report. 

Beaupr^. 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legatinon, 

Bogota, Octoher 10, 1903. 
(Received October 11:, 2.59 p. m.) 
October 10, 1 p. m. Presentation of the committee report post- 
poned until 12th. My telegram of September 30 states the first two 
clauses of the report. The third and last presents a project for law 
approving extension in time granted canal company. Apparently this 
is proposed with the expectation that the Senate will negative the 
project and annul extension, thus accomplishing the object stated in 
my telegram, 9th. However, I think in case most of them vote, exten- 
sion in time to the compan}^ will be annulled. The probability is that 
Congress will adjourn without taking conclusive action on this report. 

Beaupre. 

Mr. Beaupre to Mr. Hay. 

No. 176.] Legation of the United States, 

Bogota, October 10, 1903. 

Sir: I have the honor to make reference to my telegrams of yester- 
day and to-day concerning the probable terms of the report to be pre- 
sented by the commission of three Senators to whom the project of law 
authorizing the Government to negotiate for the construction of an 
interoceanic canal across the Isthmus of Panama was referred. 

I had been given to understand that this report was to be presented 
and discussed yesterday, the 9th instant. On sending to the Senate, 
however, I was told that the canal question would not be brought up, 
and several Senators informed me that the}" were not even aware of 
the terms of the report, but that the question would in all probabilit}'' 
be brought before the Senate on Mondaj'^ next, the 12th instant. 

My only source of information was therefore of an entirely private 

nature. Through I obtained a summary, the substance of 

which was contained in my telegram to the Department. 



INTEEOCEANTC CANAL. 79 

As I telegraphed the commission has decided that there is no need 
for the rejection of the treaty to be reaffirmed by the Senate; that 
neither is it advisable to pass the special law authorizing the Govern- 
ment to conclude a fresh treaty for the construction of an isthmian 
canal on certain basis, thinking it best not to tie the hands of the Gov- 
ernment with hard and fast conditions. Lastl}", the commission sug- 
gest that the Senate should settle the question of the extension of time 
to the New Panama Canal Company and present a project of law 
approving the action of the Colombian Government in this matter. 

With regard to this extension of time, known as "proroga," there 
is no doubt that many people high in authority have cherished the 
hope that some means might be found to undo this act of the Sancla- 
mente Government. The feeling of the Bogota public on this question 
is, moreover, very patent. They have been led to believe through the 
medium of the press that, could the "proroga" be annulled, Colombia 
would thereby inherit the whole of the money compensation otherwise 
a,ccruing to the French company. However, as I reported in my No. 
164 of September 30, 1903, I am informed that there is no danger of 
this taking place. Such men as Senators Caro, Pedro Nel Ospina, and 
even Perez y Soto thoroughly realize that the preceding Government 
and this one are equally involved in the "proroga." The Sanclamente 
Government agreed upon the grant of an extended time limit, while 
the Marroquin Government received the 5,000,000 francs, the price 
paid for that extension. Besides, it is the view of these senators that 
the "proroga" was a contract concluded in good faith between the 
Colombian Government and the canal company, and to rescind this 
contract will need the consent of both parties to it. It is, therefore, 
thought that while the "proroga" ma.j be used as a means of bringing 
up a discussion in Congress with the view to censuring the Govern- 
ment, no act of that body can have the effect of annulling the extension 
contract without the consent of the other party to it — the New Panama 
Canal Company. Because of the attitude of these and other senators, 
there is decided ground for believing that this project of law approving 
the extension will be passed. 

Monsieur Mancini, the local agent of the canal company, is taking 
an active interest in this matter, and takes every opportunity to im- 
press upon the Senators the fact that even should the contract now 
held b}^ the French Company lapse, the Colombian Government would 
be no better off than thej' are at present, for the reason that, in such 
event, all the material would remain the property of the French Com- 
pany, leaving the Colombian Government merely in possession of the 
ditch itself. The Panama Railroad, however, remains. Since the 
French Canal Company owns the majority of the shares in that rail- 
road, it has practical control of the undertaking. Now, the canal works 
have been carried on within the zone of territory controlled by the 
railroad company, and could onlj'^ be continued subject to the consent 
of that company. Therefore, even though the concession held by the 
French Compan}^ lapse, that company nevertheless retains control of 
the territory, and its previous consent would be required before the 
Colombian Government could dispose of its rights over the canal zone. 

Monsieur Mancini informs me that he had made this point clear to 
the principal members both of the Government and of Congress, and 
that many concur in his views. Moreover, that some time before the 
rejection of the Hay-Herran treaty, he wrote to Mr. Cromwell inform- 



80 INTEROCEANIC CANAL. 

ing him that in all probabilit}^ an attempt would be made to override 
the rights of the French company and to call in question the validity 
of the extension of time granted to it. To this he received no reply 
beyond the mere acknowledgment of his message, and his only instruc- 
tions have been not to move in the matter at all. He therefore con- 
cludes, so he told me, that the United States Government and the 
French company have arrived at some satisfactory understanding. 

I desire to take this opportunity to state that my position during 
the whole course of the canal negotiations has been a most embarrass- 
ing one. 1 have thoroughly realized what must have been the anxiety 
of the Department to be well informed of the progress of events. 
And yet, although it is nearly four months since Congress met, there 
have been but four or five da3^s during which the canal question was 
considered, from the initiation of the discussion up to the present time. 
I have kept in touch wilh the principal members both of the Govern- 
ment and Congress, and whenever 1 have succeeded in getting any 
reliable news, which has not been often, I have reported it. During* 
the long intervals between the days above mentioned there was really 
nothing to report, except street gossip and wise people's predictions. 
I have, therefore, had to choose between adopting the attitude of the 
newspaper reporter and forward such as news, or limit myself to the 
scant}^ facts I was able to gain from authentic and official sources. 
I chose the latter course. When 1 did obtain information which I 
deemed of sufficient importance to cable, I have had the misfortune to 
have some of ni}^ most important messages mutilated in transmission. 

During the long interims, when the canal treaty was buried with 
inactive committees, there was apparently an absolute lack of interest 
m the matter on the part both of the Government and Congress. One 
would have thought that the question was some matter of trivial or 
temporary importance to judge by the attitude in official circles. Dur- 
ing one of these periods, when Congress was devoting its attention to 
resolutions concerning prominent individuals who were killed in the 
late revolution, the Liberal daily El Comercio said: 

'"Cover with laurels dead heroes, praise the memories of your illus- 
trious men, make panegyrics over those who have served in j^our cause; 
all this is verj' well, and we do not wish to discuss it; but, Mr. Legis- 
lators, why sing songs of love to God over these things when you ought 
to consider the great questions which compromise the tranquil! it}" and 
life of the Eepublic? " 

Except then, on the few days heretofore mentioned, there was no 
reliable or satisfactory information to send to the Department. 
I am, sir, jonv obedient servant, 

A. M. Beaupre. 



Mr. Beaicpre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota.^ October 15, 1903. (Received 6.20 p. m., 18.) 

The report of the committee referred to in my telegram of the 10th 

has been read in the Senate, was ordered printed, and will probably 

be discussed next week. It is true that the committee proposes a 

project for law ratifying the time extension granted canal compan}^, 



USTTEROCEAlSriC CANAL. 81 

but the tone of report clearly gives to understand that Colombia would 
greatly benefit by the canceling of the extension, and states that in 
that case Colombia would next year obtain possession of all the rights 
and properties of the canal company [and] thereby be free to come to 
terms with Government of the United States under most advantageous 
circumstances. The committee provides for the case of the annulment 
of time extension by recommending the appropriation of the neces- 
sary sum for the repajanent with interest of the 5,000,000 francs paid 
by the French compan3^ 

In view of developing sentiment, my opinion of final result is less 
decided than stated in my telegram of 10th. 

Beaupre. 



Mr. Beaupre to Mr. lihy. 

No. 179.] Legation of the United States, 

Bogota, Octoher 16, 1903. 

Sir: 1 have the honor to report that in compliance with the request 
contained in a newspaper article written by Dr. Emilio Ruiz Barreto, 
that the candidates for the presidenc}'^ should publicly express their 
views on certain named questions of national interest, Gen. Joaquin 
F. Velez publishes a signed communication in to-day's issue of El 
Nuevo Tiempo. 

It is apparent that General Velez will be the candidate f oi" President 
to be named in opposition to the one selected by the Government, for 
he has demonstrated far more strength than anyone else mentioned. 
As the election will take place on the first Sunday of December next, 
it becomes interesting* to know General Velez's views on the Panama 
Canal question, and I inclose herewith a copy and translation of that 
portion of his communication dealing with this subject. 

General Velez has some very remarkable ideas concerning public 
instruction, the duties of foreigners, etc. , some of which he very freely 
expressed when he was governor of the Department of Bolivar in a 
letter addressed to Mr. George Colvig, United States consul at Bar- 
ranquilla, on Februar}^ 11, 1902. 

A copy of this letter was sent to this legation by the Department in 
its No. 385 of March 26, 1902," as one of the inclosures in a letter from 
the Board of Foreign Missions of the Presbyterian Church in the 
United States, dated March 19, 1902, and I respectfully refer to it. 
I am, sir, your obedient servant, 

A. M. Beaupr^. 



[Translation.] 

pvercoming numerous difficulties, I have assisted at the late sessions of the Senate 
with the main, if not the sole, object of voting against the Hay-Herran treaty, as I 
was rejoiced to do at the celebrated session of August 12, a session at which that 
august body rejected that treaty in first debate and by a unanimity of votes. That 
treaty was a violation of our fundamental institutions, of the sovereignty of our 
nation. I say, therefore, that any other project respecting the building of an inter- 
oceanic canal presented to the Senate, and having implicitly or explicitly any of the 
numerous mistakes which rendered the treaty in question unacceptable to the com- 

a Published in Foreign Relations, 1902, p. 293, 
S. Doc. 51 6 



82 interocp:anic canal. 

mon sense and dignity of Colombia, will always receive my adverse vote. The 
integrity of its territory, the attributes of independence and sovereignty, and other 
important points which form the principal constituents of a civilized country are 
absolutely inviola1)le. This is a universal and unalterable canon which may not be 
altered out of false considerations of worldly or territorial purposes, and still less for 
a certain kind of pessimism engendered by errors antl false views in governments or 
by vile speculation. Nations, like families, in their development and growth, umst 
pse their own forces without defiling the natural laws of growth with exotic stimu- 
lants, which paralyze or unnerve even when they do not ruin. Foreign aid will be 
beneficial under our own intelligent and well-supported direction. Our beautiful 
country will surely acquire in epochs that are, whcj knows, not far off the tranquil- 
lity and maturity, the practical spirit and the political wisdom, which nations of all 
races have been without for long periods of time; nations which, while certainly 
being models of culture, have been powerless to do good. 

Of life-giving wisdom there is more than enough; all that is wanting is a man of 
superior talents who will put that knowledge into practice. In one word, I desire, 
as do many of my countrymen, that any canal that shall cross our isthmus shall be 
for all time, in the rigorous significance of the word, a Colombian canal; and if it is 
not to be a Colombian canal, that it shall not be constructed. Better times will 
come which will admit of the carrying out of that gigantic work without detriment 
to the national existence, and in a way satisfactory to the sentiments of patriotism. 



Mr. Beaupre to Mr. Hay. 

No. 181.] Legation of the United States, 

Bogota, October 16, 1903. 

Sir: 1 have the honor to inclose herewith a copy and translation of 
the report of the committee to whom was referred the project of law 
authorizing- the Executive of the Republic to negotiate for the con- 
struction of a Panama canal. This report w^as read in the Senate on 
the llrth instant. 

I am, sir, j'our obedient servant, A. M. Beaupre. 



[Inclosure with No. 181, October 16, 1903, from Mr. Beaupr6— translation.] 
MAJORITY EEPORT OF THE PANAMA CANAL COMMITTEE. 

Honorahle Senators: 

Colombia desires the construction of a canal via the Isthmus of Panama that will 
bring the two oceans into communication with each other. Since it became independ- 
ent our Republic has considered such a work as an enterprise of universal progress. 
In 1825, at the initiative of this country, an effort was made to organize a company 
for this purpose. In 1828 and 1829 the liberator president gave Avise and precise 
orders looking to the construction of a canal, and to that end a scientific commission 
began the work, made a survey of the route, and explored the entire distance between 
the two oceans. 

On the 27th of May, 1835, the congress of New Granada issued a decree for the 
development of the enterprise, granted a privilege to Baron de Thierri, and in 1838 
sanctioned a legislative decree making a concession to the company organized in 
France and New Granada. 

After several years of exploration, the reports of the company were so satisfactory 
that the Government of France appointed, in 1843, a special commission which 
finished its examination with the most hearty support of the Government of New 
Granada. 

We deem it unnecessary to enumerate here the successive efforts and concessions 
which, during seventy years, seconding the initial thought of the liberator, Colombia 
has made in behalf of the interoceanic canal. 

We will recall, in passing, some of the various official acts designed to promote 
the work. 

Decree of Congress in 1835; legislative decree of 1838; decree of Congress in July, 
1842; legal convention ot 1851; official instructions of 1843; law 60 of 1866; treaty of 



INTEROCEAISIIC CAISTAL. 83 

January, 1869; Congressional instructions of 1869; treaty of January, 1870; law of 
approval, July, 1870; law of authorization, 1876; treaty of May, 1876; treaty and law 
of approval, 1878; extension granted by law 107 of 1890; new second extension 
granted by law 91 of 1892; contract for extension, April, 1893; legislative decree 
granting extension in 1900. 

As is seen, Colombia, by solemn public acts, has shown that she considers the con- 
struction of the canal as a great national work and as a necessity for the commerce of 
the world. Although the Senate unanimously rejected the Herran-Hay treaty, it 
did so not with a view to opposing so glorious and necessary a work, but from the 
fairest and highest motives. . 

The foreign press affirms our right to reject said tready, and it is recognized by the 
chairman of the Interoceanic Canal Committee. That remarkable public man who, 
for more than a quarter of a century, has fought for an interoceanic canal controlled 
by the United States, hearing of the rejection, expressed his views as follows: 

" If the Colombian Congress has rejected the treaty, it is because that country 
respects its constitution, is mindful of the integrity of its territorial limits, desires to 
maintain its friendly relations with the United States, and is watchful of its financial 
interests. All this will raise that Republic in the estimation of other peoples and 
nations." 

We will now examine the bill ratifying the rejection and authorizing the Govern- 
ment to negotiate for the construction of an interoceanic canal via the Isthmus of 
Panama. 

As is seen, the said bill has two objects, viz, to confirm the Senate's rejection of 
the treaty between the Republic of Colombia and the United States of America, con- 
cluded at Washington January 22, 1903, and to invest the President of the Republic 
with such powers as will enable him to conclude public treaties or conventions rela- 
tive to the Panama Canal or to contract for the same work with private companies. 

We consider that the first object is not only superfluous, because the rejection by 
the Senate is based upon constitutional provisions to which an authentic interpreta- 
tion has been given and which have constantly been put into practice in the same 
sense, which interpretation and practice render the rejection sound and correct in 
the form in which it was made; but also that the new form of ratification which is 
proposed would introduce a doctrinal theory different from that already established 
and accepted for seeking to decide a special case of grave import, to which, for 
this and many other reasons, it would be wholly inapplicable. 

In fact, it is a ponstitutional provision that every proposed law by ineans of which 
the legislative houses exercise, or seek to exercise, their powers in conformity with 
article 76 of the constitution, may be rejected in any of their debates, thereby ful- 
filling the negative in contrast to the positive form, both of which are the outcome 
of the twentieth provision of said article. 

If this were not so, the members of the houses would be deprived of the necessary 
freedom in their opinions and votes, and both would cease to be deliberative bodies. 

The authentic interpretation to which we refer is contained with great clearness 
in article 323 of the rules of the Senate, identical with article 322 of those of the 
house of delegates, which we here insert: 

"As it is not possible for a treaty to be constitutionally approved otherwise than 
by Congress, with the sanction of the Executive, but as it may be rejected by the 
Senate or House of Representatives, like any other proposed law, according to the 
constitution, if any decree should come from the House of Representatives totally 
and absolutely rejecting a treatj'', it shall return it, stating that the Senate is apprised 
of its rejection." 

When the said article 76 of the constitution provided that the Congress should 
exercise by law the powers enumerated in that article, among which is the laower to 
approve or reject public treaties, it tended to prevent the exercise of those powers, 
notwithstanding the prohibition contained in paragraph 2 of article 78 of the same 
constitution, by means of simple resolutions, but it did not pretend to compel the 
legislators to vote in a determinate sense or to pass laws, even those most necessary. 

The second object of the proposed law concerning authorizations consists in finding 
a way to satisfy the desire of the Colombian people regarding the excavation of the 
Panama Canal in harmony (says the proposition approved by the Senate on the 13th 
of August last) with the national interests and respect for law, which has been on 
this solemn occasion the guide of the Senate. 

Your committee considers that the proposed law relative to authorizations is uncon- 
stitutional. Article 120 of the constitution says: 

' ' It shall be the duty of the President of the Republic, invested with the supreme 
administrative authority * * * 10. To direct diplomatic and commercial rela- 
tions with other powers and governments * * * and to conclude treaties and con- 



84 INTEROCEANIC CANAL. 

ventions with foreign powers. Treaties shall be submitted to Congress, for approval 
and conventions shall be approved by the President during the recess of Congress, 
with the advice and consent of the ministers and council of state. The proposed law 
shall not modify the provisions of the constitution." 

Besides, that law is not only unconstitutional, but fails to meet its object because 
the instructions which would be given to our diplomatic agents, instead of being' 
necessarily confidential, would V^e public, and known to the other Government or to 
the contracting company, which would consequently have an indisputable advantage 
in the case. 

Furthermore, the Senate does not overlook the fact that if this law concerning 
authorizations should be passed, and if the Executive, basing his action upon it as 
ujDon a firm basis, should expedite a negotiation and conclude a treaty, he would 
perhaps give occasion to the power with which the treaty was concluded to complain, 
subsequently, that a Congress had rejected what this Congress and the Executive 
branch of the (xovernment had presented as a basis of negotiations. 

Moreover, the matter being carefully considered, no negotiations could, in any case, 
be properly carried on upon the bases that would be presented to this Congress by 
that law; and the law would not have the serious and efficient character which 
every law ought to have. 

Your committee thinks that this law is not only unconstitutional and ill adapted 
to meet its purpose, but that it is unnecessary. The constitution which has provided 
for the independence of the different branches of the Government, thus consecrating 
a principle which has been recognized since the adoption of the constitution of 1811, 
has also traced limits for those branches, and although it leaves to the Executive the 
power to conclude treaties, it makes it absolutely obligatory upon him, at the same 
time to submit them to the legislative branch for its approval. Article 57 says: "All 
branches of the Government shall be limited, and shall exercise their respective 
powers separately." And article 76 says that it shall be the duty of the Congress 
"to ai^prove or reject such treaties as the Government may conclude with foreign 
powers." 

Even if a law concerning authol-izations should be passed, the treaty that should 
be concluded in virtue thereof by the Government would necessarily have to be sub- 
mitted to the approval of another legislature, which might fail to pass it. 

What would, therefore, be gained by a law that would give no force to the treaty 
which would be concluded on the bases and authorizations which it contained? 

We present these abstract considerations, and they would all be pei'tinent even if 
the Executive were free to conclude treaties looking to the construction of the 
Panama Canal, but it is known that the Government of Colombia is not at liberty to 
do so; a contract exists which binds it, and this link has not been broken. 

This is, in our opinion, the greatest obstacle to the law in question, which would 
be premature if not calculated to defeat its own object. We think it useless to 
demonstrate that the fundamental point to which the attention of the Senate should 
be confined is the one relating to the validity of the engagement already contracted 
by the Government. 

The Herran-Hay treaty has ceased to exist, both because of its unanimous rejection 
by the Senate and because the time for the exchange of its ratifications, the 22d of 
September, has already expired, without any extension having been provided or asked 
for. Consequently the state of the case is the same that it was before the conclusion 
of the treaty. The first condition therein established was the permission granted to 
the new company to transfer its rights. The Senate having refused to accept this 
condition, the company has remained under obligations to fulfill its contract, and the 
Colombian Government is still under obligations to respect all its provisions and to 
cause them to be respected. 

How can it be asked that Congress shall enact a law of authorizations to negotiate 
with a foreign government when the rights and privileges of the New Panama Canal 
Company are still in force? 

The treaty concluded April 4, 1893, which amended those of March 23, 1878, and 
December 10, 1890, granted to the New Panama Canal Company an extension of ten 
years — that is to say, until December 31, 1904. Consequently, even without a new 
extension, the company will be in the full enjoyment of its rights and privileges 
until October of the coming year. But there is another consideration: The legisla- 
tive decree No. 721 of 1900 granted to the company a new extension of six years, 
which begins to be reckoned next year and will end October 31, 1910. 

One point now remains to be examined, which has so often been discussed by the 
press, a point which, now that the matter is under discussion, should be defined. 

Is the extension granted by that legislative decree valid or not? In the first case — 
that is to say, if it is considered valid — seven years must elapse before the extension 



INTEROCEANIC CANAL. 85 

expires, and therefore any law concerning authorizations seems premature, as three 
sessions might still be held which would be able to examine the matter and to 
legislate concerning it with better data and evidence than the present Congress has; 
and if the extension is not valid, the aspect of the question changes entirely, and 
the basis of discussion will be quite different. By the 31st of October of next year — 
that is to say, when the next Congress shall have met in ordinary session — the 
extension will have expired and every privilege with it. In that case "the Repubhc 
will become the possessor and owner, without any need of a previous judicial deci- 
sion and without any indemnity, of the canal itself and of the adjuncts that belong to 
it, according to the contracts of 1878 and 1900." 

When that time arrives, the Republic, without any impediment, will be able to 
contract, and will be in more clear, more definite, and more advantageous possession 
both legally and materially. The authorizations which would then be given by the 
next Congress would be very different from those that can be given by the present 
one. 

It is seen, therefore, that it is the duty of Congress to decide, as a previous ques- 
tion that can not be shirked, concerning the validity of the extension granted in 
1900. We venture nothing on the subject, and we respect, in advance, the decision 
of Congress in so delicate a matter. Supposing that it does not ratify said extension, 
it is well to observe now that it would be necessary to include in the budget the 
appropriation that would be necessary to repay to the company the sum of 5,000,000 
francs with interest. 

In view of all the foregoing, we conclude our report by laying before you a draft 
of a law whereby a contract is approved, and by submitting to your consideration 
the following: 

Let the discussion of the draft of a law whereby a rejection is ratified and authority 
is granted to the Government to negotiate for' the construction of an interoceanic 
canal across the Isthmus of Panama be indefinitely postponed. 

Honorable Senators: 

GUILLERMO QUINTEEO CaLDERON. 

J. M. RivAs Geoot. 
Luis Maria Calvo. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

Legation of the United States, 

Bogota, October 17, 1903. 
(Received October 19—2.20 p. m.) 
Have received information, confidentially, that there was a meeting 
of the cabinet yesterday to discuss the question of renewing canal 
negotiations with the United States and that the adjournment of con- 
gress will be followed by the mission of special envoy to Washington 
for that purpose. The President's message dissolving the congress will 
be delivered probably before 30th instant. 

Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 183.] Legation of the United States, 

Bogota, Octoher 19, 1903. 
Sir: I have the honor to inform you that during the evening of the 
fateful 12th of August last, on which day the Hay-Herran treaty w^as 
rejected by the Colombian senate, I sent the Department three tele- 
grams concerning the matter. Two of these reached the Department 
with an interval of about a week between them, but the third, the one 
of most timely import of all, was never received, or at least has 



86 INTEEOCEANIC CANAL. 

not been acknowledged. This telegram was sent at 10 o'clock p. m. 
of that day and was contirnied in my No. 104 of that date. 

1 beg that the Department will accept the cipher dates of my tele- 
grams as in all cases correct. The open date given by the telegraph 
office is made to suit its convenience. 

I am, sir, your obedient servant, 

A. M. Beaupre. 



Mr. Beaupre to Mr. Hay. 

No. 185.] Legation of the United States, 

Bogota, October W, 1903. 
Sir: I have the honor to inform you that it would be of great utility 
and satisfaction to me to be kept posted as to the course of events on 
the Isthmus, and, if not inconsistent with the rules, 1 would be glad 
to have it arranged so that our consular officers at Panama and Colon 
could send me copies of their dispatches to the Department on the 
political situation, and that the consul-general at Panama could tele- 
graph me whenever anj^thing of unusual importance occurs. 
I am, sir, your obedient servant, 

A. M. Beauprje:. 



Mr. Beatipre to Mr. Hay. 

No. 186.] Legation of the United States. 

Bogota, Octoler % 1,1903. 

Sir: 1 have the honor to inform you that there is no disguising the 
alarm existing as to the possible action of the Government of the 
United States should the feeling of disaffection undoubtedly existing 
in the department of Panama find expression in overt' acts. This 
alarm took the form of a heated debate in the Senate yesterday when 
the Government was again attacked for the apointment of Seiior 
Obaldia as governor of Panama. The reply elicited from the minister 
for foreign affairs was rather significant. He read an extract from 
the treaty of 1846, in which the United States guaranteed Colombian 
sovereignty on the Isthmus, and assured the Senate that in case of an 
insurrection in the department of Panama the United States would 
be bound to support the Government, 

In the course of this debate Senor Caro said that the minister for for- 
eign affairs had the notes of the American minister read to the Senate, in 
secret session, with the object of convincing that body of the necessity 
of accepting the Hay-Herran treaty, in view of the menacing attitude 
outlined in those communications. Finding in that secret session that 
the Senate disapproved the treaty and was determined to act accord- 
ingly, the Government, through Senator Lorenzo Marroquin, its 
spokesman, obtained a resolution demanding that those notes be read 
in public session, with the object of making it appear that the 
rejection of the treaty was influenced by a sentiment of indignation 
at the threatening attitude assumed by the United States minister. 
This comedy became known to the Government of the United 
States, and it has resented it. He was not influenced, generally, 
by what was reported in the newspapers, but the statement universally 
given expression to in the press of the United States that the Wash- 
ington (jlovernment resented the criticism made against the United 



INTEEOCEANIC CANAL. 87 

States minister in canning out the orders emanating both from the 
President and Secretary Hay can not be without foundation. This 
was only one instance proving that the Colombian Government had 
not acted in good faith in these negotiations. The refusal on the part 
of President Marroquin to sign the treaty before presenting it to the 
Senate was another. Whatever reasons the Government adduced as 
to there being no necessity for such a signature was outside the point. 
The intention was clear that the treaty was not signed because the 
Government wanted to have a loophole whereby to escape their obli- 
gations to the United States. In other words, it did not want to be 
under the obligation of coming forward to defend and support a treaty 
which was signed by its order. It was bound in good faith to the 
United States to do so. It was for Congress alone to accept or reject 
it. Had such a course been followed there would have been no reason 
to look forward with alarm to the attitude which the United States 
might adopt. The Colombian Government had nothing to fear from 
the United States had it clearl}^ done all in its power in supporting the 
treaty. No responsibility would then have attached to this country for 
the rejection of the treaty by Congress, a body which had the perfect 
right to reject or accept as it pleased. What he feared was that the 
United States might take the Isthmus from us under the just plea that 
we had acted in bad faith with them. The only strength which a small 
nation has is its good faith. 

In reply the minister for foreign affairs said that the press of the 
United States was given entire liberty of public discussion, but that 
the statements made therein were not alwaj'^s to be accepted as entire 
statements of fact. That he had just received positive information 
that no resentment was entertained by the W^ashington Government 
for this Government's action in having Mr, Beaupre's notes read. 

The report of the committee on the canal question, which was read, 
in the Senate on the 14th instant, has not jet been called up for dis- 
cussion. As a matter of fact, the Government and Congress are 
playing a waiting game. At various times it has been announced 
authoritatively that the Congress would adjourn at a given date, but 
thus far there have been timely reconsiderations and other dates fixed. 
Last week it was said that the President had certainl}^ and definitely 
concluded that an adjournment must take place on the 30th instant, 
now that it has been determined that the closing day shall be the 14th 
proximo. 

As a matter of fact, the Government and the Congress have waited 
and are waiting to acertain, if possible, the final attitude of the Gov- 
ernment of the United States concerning the canal matter before the 
life of this Congress is ended. 

An effort was made by the Government to falsely place the blame 
for the rejection of the Hay-Herran treaty upon the notes addressed 
by this legation to the minister for foreign affairs, and the result was 
awaited in the belief that this view would be accepted by the Govern- 
ment of the United States. This attempt failed; the situation is dis- 
turbing; and now the further delay is, quite apparently, for the 
purpose of awaiting the action of President Roosevelt in his message 
to the special session of our Congress which is to meet, it is under- 
stood here, on the 9th proximo, and the attitude of that Congress 
upon receiving the President's message. 

I am, sir, your obedient servant, A. M. Beaupre. 



38 INTEROCEANIC CANAL. 

Mt. Hay to Mr. Beaujpre. 

[Telegram.] 

Department of State, 

^^ashhigton, Octoher"22, 1903. 
Eeferring to 3"oiir telegram 17th, if j^ou find disposition on the part 
of Colombia to ask terms more favorable to Colombia than those here- 
tofore negotiated, j^ou ma}^ intimate orally, but not in writing, that it 
will be useless to send a special envoy. 

Hay. 



Mr. Beaiipre to Mr. Hay. 

No. 188.] , Legation of the United States, 

Bogota, Octoher 23, 1903. 
Sir: Referring to my No. 160^' of September 29, 1903, concerning 
the taxes and charges on shipping at Panama, I have the honor to 
inclose herewith a copy and translation of a note from the minister 
for foreign affairs on the subject. 

I am, sir, your obedient servant, A. M, Beaupre. 



[Inclosure with No. 188, October 23, 1903— Translation.] 

Ministry of Foreign Relations, 

Bogota, Octoher 19, 1903. 

Mr. Minister: On account of the presence of an alarming degree of bubonic plague 
in various points on the Pacific coast it was determined to use a Government ship for 
^ lazaretto in the Bay of Panama, and in accordance with law 106 of 1892, authoriz- 
ing the organization of the sanitary service in the marine ports of the Republic in 
time of peace and placing an extraordinary contribution on the boats which arrive 
in Colombian ports, the governor of the department using these legal rights, issued 
the decrees of June 24 and August 4 of this year, by which a tax was temporarily 
levied on boats of more than 1,000 tons register arriving in the ports of Panama and 
Colon, proceeds of which Avere to defray the expenses of that lazaretto. The urgency 
of the case prevented notice of such police measures being given to the public sooner 
than their insertion in the official publication. 

_ The ports of Panama and Colon being united by rail, the same measures taken in 
either of these benefit the other and are taken not only to attend to transit sickness 
and to_ avoid contagion, but to favor navigation in both oceans. This shows how 
fair it is that not only the ships arriving at Panama but also those entering Colon 
should pay the tax for the plague hospital. 

To facilitate foreign commercial relations as those of importation, exportation, 
and transit, etc., which are or are not permitted to be executed in the ports of the 
Republic the law divides these into free and closed ports. 

The designation of free ports does not come from any international pact, neither 
does it signify that the vessels arriving in those ports are exempt from the payment 
of taxes or contributions. In the binding treaty between Colombia and the tJnited 
States it is stipulated that the citizens of each of the contracting parties may frequent 
all the coasts and territories of the other, and reside therein and do business in all 
classes of productions, manufactured goods, and merchandise; that they will enjoy 
all_ the rights, privileges, and exemptions in navigation and commerce which the 
citizens of that country enjoy or may enjoy in accordance with the laws, decrees, 
and uses established there, and that no other or higher duties will be levied on the 
tonnage of the respective ships. 

The free transit of the Isthmus of Panama is conceded to the citizens of the United 
States and the transport of their products, manufactures, or merchandise of lawful 

«Not printed. 



INTEKOCEANIC CANAL. 89 

commerce without the imposition of other taxes or contributions other than those 
placed on the natural products ol the country (Panama) under similiar circumstances. 

There are these advantages of an equal treatment, and there is no other in favor of 
the ships of the United States. 

In the polite note of September 29 last, your excellency informs me that you have 
received a protest from the vice-consul-general of the United States against the taxes 
and contributions on shipping levied in the port of Panama, and especially against 
said decree No. 91. 

In reference to the different points treated of in said note, in which your excel- 
lency is also pleased to express the hope that means will be taken in the matter, I 
have the honor to inform your excellency, in addition to what I have expressed in 
this note, that according to the information which has been given me in this mat- 
ter, it is hoped that in a short time all fears of the invasion of the bubonic plague 
on the Isthmus will have ceased, and immediately the tax levied for the lazaretto 
will be rescinded. 

I avail myself of this opportunity, etc. , 

Luis Caklos Rico. 

His Excellency A. M. Beaupee, etc. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, October '23, 1903. 
(Received October 24, 6.23 p. m.) 
October 23, 11 a. m. The report of the committee not yet discussed. 
It appears to me the Congress is playing a waiting game, evidently 
with the object of ascertaining attitude of the President of the United 
States in his message to the extra session of Congress and of that body. 
It is said that Congress will not adjourn until 14th proximo. Minister 
for foreign affairs gives me private information that at the next meet- 
ing the Cabinet will again discuss canal question, it being proposed 
to send an envoy extraordinary and minister plenipotentiary and 
also a commission of three prominent men to Washington to renew 
negotiations. 

Beaupre. 



Mr. Beojupre to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota, October ^7, 1903. (Received 10.15 p. m., 29.) 
October 27, 7 p. m. Report of the committee was discussed to-day 
in the Senate. Only four Senators spoke. Caro opposed the pro- 
posed law authorization as unconstitutional, on the ground that any 
future action which the Government might take and was free to take 
was subject to approval of future Congress, and that this Congress has 
no right to bind the action of the next one. He strongl}^ denounced 
the treaty itself and the selfish motives of the United States in desiring 
such a treat3^ Senator Groot, one of the authors of the report, spoke 
in the same tone. Senator Ospina defended the proposed law of 
authorization. Finally Senator Arango, after pointing out the futility, 
of the proposed law, which was only the treaty with modifications 
which the Government of the United States has declared unacceptable, 



90 INTEROCEANIC OANAL. 

proposed that the discussion of the whole matter be postponed indefi- 
nitel}^, as there was no time for the Senate to discuss it. The Senators 
appeared to agree to the proposal, but the presiding officer closed the 
debate without vote having been taken. Action ma}- be taken to-morrow 
or, as is also probable, the matter ma}' be allowed to drop entirely. 
Congress will adjourn on the 31st instant. 

Beaupre. 



Mr. Beanjpre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, Octoher29,1903. 
(Received 6.55 p. m., November 6.) 
October 29, 1 p. m. Please give instructions to consul-general at 
Panama keep me advised by cable matters of consequence. 
Canal situation unchanged. 

Beaupre. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 

Washington, October SO, 1903. 
You may avail yourself of leave of absence under authorization 
cabled to you July 9. 

Hat. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation at Bogota, 
Octoler 31, 1903. (Received November 6, 1903.) 
Congress adjourned to-day. No action has been taken upon the 
last report concerning the canal. Therefore nothing more than the 
vote of August 12 rejecting treaty done. 

The people here in great anxiety over conflicting reports of seces- 
sion movements in the Cauca and Panama. 

Beaupr^. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, Nomirtber 1, 1903. 
(Received 7.15 p. m., November 8.) 
November 1, 10 a. m. The Government issued manifesto to the 
nation to-day severely criticising acts of Congress and discussing 
important questions which have been presented and unsatisfactorily 



INTEROCEANIC CANAL. 91 

dealt with. With regard to canal, states that Colombian charge 
d'affaires has been instructed to inform the Government of the United 
States that the Colombian Government would consider new negotia- 
tions, which it is believed will be accepted by the next session of Con- 
gress. Therefore, if the Government of the United States still desires 
to open canal, which it is presumed that it does, as neither by act nor 
word has it shown any other intention, it is to be hoped that the great 
work will be carried out in the end through Colombian territory. 

I took the opportunity of informal visit to the President yesterday 
to inform him of substance your cipher telegram October 22. 

Beaupre. 



Mr, Beau2?re to Mr. Hay. 

No. 199.] Legation of the United States, 

■ Bogota, Novemler ^, 190S. 

Sir: I have the honor to report that the extraordinary session of the 
Colombian Congress was adjourned at half past 2 o'clock on Saturday, 
the 31st ultimo. 

In so far as the Hay-Herran treaty for the construction of a Panama 
Canal is concerned, the only definite and recorded action of this Con- 
gress is the vote taken on August 12, 1903, rejecting that treaty. 

Under article 76 of the Colombian constitution, Congress can exer- 
cise its functions in certain cases by the enactment of laws, and in that 
way only. Thus it is that when such matters are presented, whether 
by individual members, ministers of the Government, or by commit- 
tees, they are accompanied by what is termed "projects of law." 
Under section '20 of said article Y6 of the constitution, the Congress, 
by making a law for that purpose, may "approve or disapprove the 
treaties entered into by the Government with foreign powers." The 
vote taken in the Senate on August 12, 1908, rejecting the treaty, is 
not understood to have been a legal or constitutional disapproval of 
that pact. It was, in effect, an expression of opinion; but since no 
other action on this question was taken, and the treaty was not ap- 
proved within the time fixed for the exchange of ratifications, it has 
died by limitation rather than by any legal enactment of the Colombian 
Congress. 

It has been understood for some time that in all probability no 
further action would be taken by Congress in this matter, and when 
it was finally brought up in the last da3^s before adjournment it was 
more for the purpose of giving vent to individual opinion than any- 
thing else. 

On Tuesday, the 27th ultimo, the report of the committee on the 
project of law authorizing the President to negotiate for the con- 
struction of an interoceanic canal was brought before the Senate for 
discussion. Four senators spoke during the debate. 

Senator Caro opposed it on the ground that to grant an authoriza- 
tion to the Government to conclude a treat}^, on certain bases, was an 
absurdity. It was impossible to limit the power of the Executive, 
who could conclude an}^ treaty it pleased and submit it to the next 
Congress. This project of law was, moreover, an unconstitutiona 
one, as this Congress had no right to arrogate to itself the powers and 
privileges which would legitimately fall to its successor. He then 



92 INTEROCEANIC CANAL. 

turned to the attitude of the. senate on the canal question. It had 
been correct on the main point from the beginning-. Mistakes there 
had been, but the}'^ were mistakes of which the Government and not 
the senate had been guilty. The first great error had been the read- 
ing of the correspondence which had passed between the United States 
minister and the minister for foreign affairs prior to the rejection of 
the treaty. It had made it appear as if the Senate had rejected the 
treaty as a protest against the attitude of the United States, and this 
was tantamount to a reflection on the conduct of President Roosevelt 
and his Secretary of State, under whose instructions their representa- 
tive in Bogota had acted. This was how the matter had been viewed 
in the United States. In support of this statement he quoted various 
extracts taken from United States newspapers. Among these was an 
interview by Walter Wellman, who. Senator Caro stated, was well aware 
of the opinions held by the Department of State. He then emphat- 
ically stated that the reading of the American minister's notes had 
nothing to do with the action taken by the Senate with regard to the 
Hay-Herran treaty. The Senate rejected that treaty because its terms 
were a violation of the constitution and harmful to the interests of the 
Republic. No reflection could be cast on that body for its action, but 
the minister for foreign affairs, in causing the notes to be read, had 
made it appear that the Senate was actuated by motives which did not 
exist. The second great error committed b}^ the Government was the 
appointment of Senor Obaldia to the governorship of the Department 
of Panama. The election of General Reyes to the Presidency of 
Colombia meant the election of a Congress next year pledged to pass 
whatever canal treaty the Government should present, Seiior Obaldia 
was therefore a supporter of the candidacy of General Re3"es, and it 
was for this reason that he was appointed governor of the Isthmus. 
But Senor Obaldia was before all an isthmanian, and he was known to 
have said that should the department rise in fayor of the canal he 
would be with Panama. Therefore the Government had for election- 
eering purposes endangered their possession of the Isthmus. He read 
to the Senate an extract from the New York Herald, containing an 
interview with Goyernor Obaldia, in which the above-mentioned facts 
were stated, and in which Seiior Obaldia said that, before leaving 
Bogota, he had had several interviews with the American minister, to 
whom he had communicated these facts, which Mr. Beaupre had doubt- 
less telegraphed to his Government. The reading of this extract 
caused much excitement. Senator Caro pointed out that whatever 
the views of President Roosevelt may be, this much was certain, he 
had no intention of adopting the Nicaragua route. The only possible 
explanation of the present inactive attitude of the Unitect States 
Government Avas that events on the Isthmus were being watched. 
Senator Caro then, for the first time, openl}" attacked the policy of 
the United States Government. Colombia was told that the con- 
struction of the canal was essential to the commerce and, therefore, 
to the progress of the world, and that she should not, therefore, stand 
in the way of so important an undertaking merel}^ because of the loss 
of sovereignt}^ over a small strip of territory. But why, he asked, 
did the United States wish to deprive Colombia of her sovereignty? 
It was because the United States wanted the canal for themselves, and 
not for commerce and civilization. 

Senator Rivas Groot, who had reported to the Senate against the 



II^TEROCEANIC CANAL. 93 

granting of authorization to the Government to conclude a canal 
treaty, then spoke, supporting the views expressed by Senator Caro. 

Senator Pedro Nel Ospina's speech was devoted to an explanation 
and defense of the law of authorization which he had drawn up. 
Neither of these speeches had any special significance. 

The day's debate was, however, closed with an important speech by 
Senator Arrango, which was the outcome of a tacit understanding with 
the majority of his colleagues. He pointed out that this project of 
law, worded in general terms, authorizing the President to conclude 
a canal treat}^ with a foreign power or companj^ was a clumsy attempt 
to befog the real issue. It was perfectly well known that a canal, if 
constructed at all, would have to be constructed b}^ the United States 
Government, and it would, therefore, be more straightforward to 
frankly own that fact instead of vaguely talking of foreign powers 
and companies. When the Hay-Herran treat}^ was brought forward 
for discussion it was believed that the Senate would be willing to 
ratify the treat}^, with essential modifications. The United States 
minister had, however, made it clear that his Government would not 
accept these modifications, and it was, therefore, decided to reject the 
treatj^ Now, this project of law was nothing more or less than the 
Hay-Herran treat}^, with the modifications necessary to have rendered 
it acceptable to the Senate. If this was the course proposed, it would 
be a more reasonable policy to reconsider the Haj^-Herran treaty, put 
in the modifications desired bj^^ the Senate, and return it, thus amended, 
to the United States Government for their consideration. An impor- 
tant event had, however, occurred, which rendered any consideration 
of the canal question useless. The vice-president had decided to dis- 
solve Congress on the 31st instant. There remained, therefore, no 
time for deliberation, and the onlj^ possible course for the Senate to 
adopt' was to decide on the indefinite suspension of any further dis- 
cussion regarding the canal question. 

The Senate then adjourned. 

On the following daj^, the 28th ultimo, news of an insurrectionary 
outbreak in the Department of Panama leaked out, and three members 
of the cabinet were summoned to the Senate for the purpose of elicit- 
ing information on the subject. On the arrival of the minister of war, 
however, the Senate was declared in secret session. 

It was given out that the trouble on the Isthmus consisted merely of 
an invasion of 70 men from Nicaragua. The president of the Senate, 
however, informed me that there was much anxiety, both on the part 
of the Government and Congress, as to the turn events were taking on 
the Isthmus. 

The session of the 29th occupied itself with the passing of laws of 
minor importance and routine work. 

On Friday, the 30th, the Panama Canal question was treated for the 
last time. The Senate unanimously resolved to adopt the course pro- 
posed by Senator Arrango in his speech of the 27th, which was to 
indefinitely suspend the consideration of the matter. 

The Government thus remains with its ordinar}^ authority to treat 
the question afresh, subject to the approval of a future Congress. 

Senator Caro spoke with some heat to the effect that the Govern- 
ment had rendered it impossible for the Congress to carry out its work 
by introducing extra laws which had not been treated of in the mes- 
sage, and then cutting short the deliberations of the legislative body. 



94 INTEKOCEANIC CAJSAL. 

Saturday, the 31st ultimo, was the last da}" of Congress. The mem- 
bers of the Senate met in the forenoon, and the minister of war, who had 
been speciall}^ summoned, was present. He was again questioned, this 
time publicly, as to the state of affairs in the Department of Panama. 
The telegram received from Governor Obaldia had, it appeared, been 
badly transmitted, but he gathered from the message that an invasion 
of 70 men from Nicarag'ua and a rising in the frontier province of 
Veraguas had occurred simultaneously. The secretary' of the Senate 
informed me that in the telegram it was not clear whether the number 
of invaders was TO or 700, most probably the latter, and that the feel- 
ing of unrest in the Department of Panama was great. 

The Senate rose at 11 a. m., and did not return in the afternoon to 
receive the President's message closing Congress. 

The Chamber of Representatives remained sitting until half past 2 
o'clock p. m. , when Congress was declared officially closed by the vice- 
president. 

Yesterda}^ the Government issued a manifesto to the nation, which 
has been published and posted on the streets this morning. It severel}^ 
criticises the action of Congress, and especially that of the Senate, 
which latter body has wasted its time in attacks on the Executive 
instead of devoting itself to the consideration of measures necessary 
to the well-being of the countr}^ As regards the canal, it states that 
the Government has decided to resume negotiations in the hopes of 
being able to come to a fresh agreement which shall meet with the 
approval of the next Congress, and that the Colombian charge d'affaires 
at Washington has been instructed to convey this information to the 
Government of the United States. 

I am, sir, your obedient servant, A. M. Beaupre. 



Mr. JBeaupre to Mr. Hay. 

No. 207.] Legation of the United States, 

Bogota., Novemher ^, 1903. 

Sir: The manifesto issued b}^ the Government of Colombia to the 
nation on the 1st instant, the day after the closing of Congress, is 
interesting as a declaration of attitude and policy. 
^ The Government makes reference, in the first place, to the difficul- 
ties it had to encounter on first taking charge of the administration; 
difficulties with the revolution on one hand and with the administration 
on the other. By difficulties with the administration was evidently 
meant, though not actually stated, the equivocal position in which the 
Government found itself after the coup d'etat of the 31st of July, 
1900. Moreover, the revolutionary part}^ was in a strong position, as 
it could count on many elements and on the material help of friends 
outside the countr3^ 

With the termination of the revolution, the difficulties to be faced 
b}^ the Government were b}^ no means at an end. The country was 
suffering from stagnation in its industries, paralyzation of its com- 
merce, the innumerable difficulties created by a depreciated currency, 
penury of the treasury, and a general demoralization. 

In the midst of all these difficulties most governors would have 
been sorel}^ tempted to dictatorially take matters into their own hands, 



INTEEOCEANIC CANAL. 95 

and, providing themselves with the necessary resources, assume the 
personal powers required for putting an end to the anarch}^ reigning. 
The Vice-President has chosen rather to abide by the provisions laid 
down bj^ the constitution. He had, therefore, issued the writs for 
elections for Congress, and declared public order restored. 

In calling this extraordinary Congress he had hoped for the loyal 
cooperation of the legislature in aiding the Executive to restore the 
state of affairs of the Republic to a normal condition. The legislative 
bod}^ had now terminated its labors and it will be for the countrj'' to 
judge impartially both its work and that of the Executive. No one is 
ignorant of the causes which have rendered this session of Congress 
only partially fruitful. The disorder reigning between the two cham- 
bers has impeded the carrying out of much necessary work. The 
Executive, while loyally aided by the majoritj^ in the Chamber of 
Representatives, found its work thwarted by the hostility of the 
majority of the Senators. 

The question of almost unique importance, which decided the calling 
of a special Congress^ was that of the construction of an interoceanic 
canal, to wit, the Hay-Herran treaty. The Senate, after debates in 
which too much prominence was given to its feeling of hostility toward 
the Chief of the Government, rejected that treaty. A committee was 
then appointed to consider on what bases the aspirations of the Colom- 
bian people for the construction of an interoceanic waterwaj^ could 
best be satisfied. As the deliberations of the committee were produc- 
tive of no result, a project of law was presented to the Senate by its com- 
mittee, ratifying the rejection of the treaty and granting authorization 
to the Executive for the opening of this waterway. This project was 
approved on the first reading, and was then referred to a new commit- 
tee. The committee reported against this project of law, and sug- 
gested the suspension of its consideration and raised the question as to 
the validity of the extension of time granted to the New Panama Canal 
Company in 1900. The Senate resolved to adopt part of the sugges- 
tions of the committee, and indefinitely suspended consideration of the 
projected law of authorization. Congress has, therefore, amply dis- 
cussed and definitel}^ decided upon the question which formed the 
principal motive of its convocation, that of the treaty respecting the 
construction of an interoceanic canal. 

The opening of a canal is, however, a matter of vital interest to the 
Republic, and especially to the Department of Panama. The Colom- 
bian charge d'affaires at Washington has, therefore, been instructed 
to inform the United States Government that new negotiations would 
be set on foot on bases which it was believed would be acceptable to 
the next Congi-ess. In that case, if the North American Government 
persists in its proposal to open the canal, which it is to be presumed it 
does, as neither by word nor by act has anything to the contrary been 
done, it is to be hoped that the great work will finally be carried out 
through Colombian territory. 

The Vice-President then refers to the character of the Congress 
which was convoked. The sessions were extraordinarJ^ not ordinary 
sessions. H.e was, therefore, constitutionally in his right in limiting 
the Congress to the consideration of certain matters of vital impor- 
tance. He showed, however, a generous latitude in this matter, giving 
to their consideration even such questions as those concerning the leg- 
islative decrees issued by the Government during the war — questions 



96 INTEROCEANIC CANAL. 

which, strictly speaking, belong to the domain of an ordinaiy Con- 
gress. The Senate, however, chose to take an unconstitutional attitude, 
and assume the character of a body called together in ordinar}^ session, 
and treated the questions submitted not from the point of view of the 
national welfare, but to make political capital of its attitude toward 
the Chief Executive. Fortunately the patriotic spirit shown by the 
majority of the Chamber of Representatives, in conjunction with the 
minority of the Senate, helped to some extent to counteract the evil 
influence which the systematic opposition of one part of the legislative 
body was trjnng to exert. 

The Vice-President then goes on to deal with the constitutional 
powers of the Executive in its relations to the legislative body. Since 
the constitution of 1863, it has been decided that the ordinary Congress 
has one hundred and twent}^ da3'S alloted for its sessions; but an extraor- 
dinary Congress is called for the consideration of certain special 
matters, and the duration of its session is at the discretion of the 
Executive. To support this statement, various precedents are quoted. 

The honorable Chamber of Representatives, in its session of October 
2, resolved that twenty days more would suffice for it to finish the work 
entrusted to its consideration. The Executive, so as not to feel that it 
was restricting the time of the legislature, added eleven dsLjs to the 
specified twenty. If the labor of the present legislative body be care- 
full}^ compared with that of its predecessors it will be clear that the 
one hundred and thirtj^-four days which the legislature has had for 
its deliberations was not merelj^ time strictly necessary, but more 
than ample to dispose of the matters submitted to its consideration. 
Its work would have been more beneficial if it had not wasted a large 
part of this time in fruitless debates. 

The Vice-President expresses the hope that the ordinary Congress, 
which is to unite in a little over eight months, will be able to fitly dis- 
pose of the questions which the late Congress has left undone. 

The hostile attitude of some members of Congress has raised a cer- 
tain spirit of unrest and agitation. Nevertheless, peace and the sta- 
bility of constitutional rule has been maintained. There is, therefore, 
reason to hope that the forthcoming elections will not be the cause 
of agitation, and that their result may be the genuine expression of 
the will of the people, the carrying out of which is assured by the 
laws, and will be respected by the Government. 

The manifesto is signed by the Vice-President and all the members 
of his cabinet. 

I am, sir, your obedient servant, A. M. BEAUPRi;. 



Jlr. JBeaupre to Mr. Hay. 

[Telegram.] 

Bogota, Novemher !{,, 1903. 

(Received November 6, 1903, 5 p. m.) 

Fourth, 5 p. m. Confidential. I have been shown telegram from 

reliable source in Panama to the effect that Isthmus is preparing for 

secession and that proclamation of independence may be expected 

soon. The particulars carefully guarded. Reliable information hard 



INTEEOCEANIC CANAL. 97 

to obtain. This Government is evidently alarmed and troops are being 
sent to Isthmus. Repeat telegrams of importance from United States 
consul-general. His telegrams to me ma}^ be interfered with. 

Beaupr^. 



Mr. Bemipre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota., November 6., 1903. 
(Received November 8, 11.05 p. m.) 
November Q., Q p. m. Knowing that the revolution has already 

commenced in Panama, says that if the Government of the 

United States will land troops to preserve Colombian sovereignty 
and the transit, if requested by the Colombian charge d'affaires, this 
Government will declare martial law, and by virtue of vested constitu- 
tional authority, when public order is disturbed, will approve by 
decree the ratification of the canal treat}^ as signed ; or, if the Govern- 
ment of the United States prefers, will call extra session of Congress 
with new and friendh^ members next May to approve the treaty. 
General Reyes has the perfect confidence of Vice-President, he says, 
and if it becomes necessary will go to the Isthmus or send representa- 
tives there to adjust matters along above lines to the satisfaction of the 
people there. If he goes, he would like to act in harmony with com- 
mander of United States forces. This is the personal opinion of 
Reyes, and he will advise this Government to act accordingly. There 
is a great reaction of public opinion in favor of the treaty, and it is 
considered certain that the treaty was not legally rejected by Congress. 
To-morrow martial law will be declared; 1,000 troops will be sent from 
the Pacific side; about the same number from the Atlantic side. 
Please answer by telegraph. 

Beaupre. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 
Washington., November 6", 1903. 
The people of Panama having, by an apparently unanimous move- 
ment, dissolved their political connection with the Republic of Colom- 
bia and resumed their independence, and having adopted a government 
of their own, republican in form, with which the Government of the 
United States of America has entered into relations, the President of 
the United States, in accordance with the ties of friendship which 
have so long and so happily existed between the respective nations, 
most earnestly commends to the Governments of Colombia and of 
Panama the peaceable and equitable settlement of all questions at 
issue between them. He holds that he is bound, not merel}^ by treaty 

S. Doc. 51 7 



98 INTEROCEANIC CANAL. 

obligations, but bj'^ the interests of civilization, to see that the peace- 
able traffic of the world across the Isthmus of Panama shall not longer 
be disturbed by a constant succession of unnecessar}^ and wasteful 
civil wars. 

Hay. 



M7\ Beauvre to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota, Novemler 7, 1903. 
(Received 7.30 p. m. November 10.) 
November 7, 2 p. m. General Reyes leaves next Monday for 
Panama invested with full powers. He has telegraphed chiefs of the 
insurrection that his mission is to the interests of Isthmus. He 
wishes answer from you before leaving to the inquiry in my telegram 
of yesterday and wishes to know if the American commander will be 
ordered to cooperate with him and with new Panama Government to 
arrange peace and approval of the canal treaty, which will be accepted 
on condition that the integrity of Colombia be preserved. He has 
telegraphed President of Mexico to ask the Government of the United 
States and all the countries represented at the Pan-American confer- 
ence to aid Colombia to preserve her integrity. The question of the 
approval of the treat}^ mentioned in my telegram of yesterday will be 
arranged in Panama. He asks that before taking definite action j^ou 
will await his arrival there, and that the Government of the United 
States in the meantime preserve the neutrality and transit of the 
Isthmus and do not recognize the new Government. Great excite- 
ment here. Martial law has been declared in the Cauca and Panama. 
Answer. 

Beaupr]&. 



Mr. Beauj)re to Mr. Hay. 

[Telegram.] 

United States Legation, 

Bogota., Novemher 7, 1903. 
(Received November 10, 7.55 p.m.) 
As the Government of the United States has war vessels at Panama 
and Colon, minister for foreign affairs has requested me to ask will 
3^ou allow Colombian Government to land troops at those ports — to 
fight there and on the line of railway? Also if the Government of 
the United States will take action to maintain Colombian right and 
sovereignty on the Isthmus in accordance with article 35, the treaty 
of 1846, in case the Colombian Government is entirely unable to sup- 
press the secession movement there? 



INTEROCEANIC CANAL. 99 

Mr. Beaupre to Mr. Hay. 

[Telegram.] 

Bogota, November 9, 1903. 
(Received November 11, 12.30 a. m.) 

November 9, 9 a. m. I am desired to inform 3^ou by General Re^^es 
that Gen. Bedronel Ospina and Lucas Cabellero, prominent part}^ 
leaders, accompany him on his mission. 

Very great excitement here. Large crowds paraded streets yester- 
day, crjdng "Down with Marroquin." Mass meeting denounced him; 
called for a change of government. Hundreds gathered at the palace, 
and their orator, a prominent national general, addressed the President, 
calling for his resignation. Troops dispersed gathering, wounding 
several. Martial law is declared here, and the city is being guarded 
by soldiers. Legation of the United States under strong guard, but 
apparently no indications of hostile demonstration. 

The residence of Lorenzo Marroquin attacked with stones. 

Referring to the questions presented by minister for foreign affairs 
in m}^ telegram of 7th, 1 have preserved silence, but bear in mind page 
578, Foreign Relations, part 3, 1866, and instructions ISi to minister 
to the United States of Colombia, 1865. 

Beaupre. 



[Note. — For convenience the above-mentioned instruction, No. 134, is reproduced, 

as follows:] 

No. 131. Department of State, 

Washington, November 9, 1863. 
To Allan A. Burton, Esq., etc., 

Bogota. 

Sir: The question which has recenth' arisen under the thirty-fifth article of the 
treaty with New Granada, as to the obligation of this Government to comply with a 
requisition of the President of the United States of Colombia for a force to protect 
the Isthmus of Panama from invasion by a body of insurgents of that country has 
been submitted to the consideration of the Attorney-General. His opinion is that 
neither the text nor the sjiirit of the stiiDulation in that article, by which the United 
States engages to preserve the neutrality of the Isthmus of Panama, imposes an obli- 
gation on this Government to comply with a requisition like that referred to. The 
purpose of the stipulation was to guarantee the Isthmus against seizure or invasion by 
a foreign power only. It could not have been contemplated that we were to become 
a party to any civil war in that country by defending the Isthmus against another 
party. As it may be presumed, however, that our object in entering into such a 
stipulation was to secure the freedom of transit across the Isthmus, if that freedom 
should be endangered or obstructed, the employment of force on our part to prevent 
this would be a question of grave expediency to be determined by circumstances. 
The Department is not aware that there is yet occasion for a decision upon this point. 

Your despatches to No. , inclusive, have been received. 

I am, sir, etc. , 

William H. Seward. 



3fr. Beaupre to Mr. Hay. 

[Telegram.] 

Legation of the United States, 
Bogota., Novemher 11., 1903. (Received November l-l.) 
The situation here under control, but how long this will continue is 
uncertain, as there is intense feeling against the Government. There 



100 INTEROCEANIC CANAL. 

is also a bitter feeling against the United States because of the belief 
that the Government of the United States has encouraged the secession 
movement, and of the statement of telegram received by the Govern- 
ment to the etl'ect that the United States forces interfered with Colom- 
bian troops under General Tobar at Colon, necessitating their surrender. 

An army ten thousand strong being raised here, and one of five 
thousand in the Cauca to operate against Panama, commanded by 
General Reyes, provided the United States will allow Colombia to land 
troops. 

A meeting was held under the leadership of Senator Caro, and a 
resolution was passed requesting the Government to call a convention 
for the purpose of amending the constitution in order to render pos- 
sible immediate ratification of the treaty. This is opposed by the 
Government and General Reyes as being inopportune. 

Beaupre. 



Mr. Hay to Mr. Beaupre. 

[Telegram.] 

Department of State, 
Wa^Jdngton, Novemler 11, 1903. (Sent 12.12 p. m.) 
Earnestly desiring an amicable solution of matters at issue between 
Colombia and Panama, we have instructed our consul-general at 
Panania to use good offices to secure for General Reyes a courteous 
reception and considerate hearing. It is not thought desirable to per- 
mit landing of Colombian troops on Isthmus, as such a course M^ould 
precipitate civil war and disturb for an indefinite period the free tran- 
sit which we are pledged to protect. I telegraphed you on November 6 
that we had entered into relations with the provisional government. 

Hay. 



Mr. Beaupre to Mr. Hay. 

[Telegram.] 

Legation of the United States, 
Bogota., N'ovember 1'2, 1903. (Received November 14.) 

I was invited to the Palace last night to confer with the President 
and his Cabinet, and communicated the substance of 3^our telegram of 
the 6th in the form of a note to the minister of foreign afi'airs. I 
was asked if I would officially construe the last clause to mean the 
United States would not permit the landing of Colombian troops. I 
replied my opinion is that the language used needs no interpretation; 
that I had fulfilled my official duty in delivering the note and had no 
explanation to make. The President then enjoined secrec}' upon those 
present until direct answer has been received to the two questions of 
the minister for foreign afi'airs contained in my telegram of the 7th. 

There is consternation in Government circles, and I fear serious 
trouble when the public is informed of the real situation. I believ^e 
there is much danger, not only to the Government, but also to Ameri- 
cans in the interior, especially in Bogota. 

Beaupr^. 



INTEROCEANIC CATSTAL. 101 

i Mr. BeaupTe to Mr. Hay. 

[Telegram.] 

United States Legation, 
Bogota.^ November llf, 190S. (Received November 17.) 
In an official note, dated 14th, minister for foreign affairs writes me 
as follows: 

The immediate recognition of the so-called Government of Panama by the Gov- 
ernment of the United States entering into relations with it is a circumstance aggra- 
vated by the fact that such recognition is a violation of the treaty of 1846, which 
compels the Government of Colombia to protest, as it does in most solemn and 
emphatic manner, and to consider that the friendship of this Government with the 
Government of the United States has reached such a grave point that it is not 
possible to continue diplomatic relations unless the Government of the United States 
states that it is not its intention to interfere with Colombia in obtaining submission 
of the Isthmus nor to recognize the rebels as belligerents. I hope you will submit 
these points to your Government immediately, for the army is already marching to 
the Isthmus of Panama. 

The note is very long, to the effect that this recognition is contrary 
to all precedents and in violation of the treaty of 1816, offering to 
submit the latter point to The Hague, with the understanding that in 
the meantime there shall be no interference with the military opera- 
tions necessary to reestablish integrity of Colombia. 

National council — especially elected to advise the executive in the 
present emergency — has decided, by 10 votes to 1, to hand me my 
passport. The Government understands that such action would be 
tantamount to a declaration of war, and has advised me such a step 
will not be taken. Send instructions as a guide in case of severance 
of diplomatic relations. 

Beaupre. 



Mr. Beauj^re to Mr. Hay. 

[Telegram.! 

United States Legation, 
Bogota., Novemher 17, 1903. (Received November 19.) 

Minister for foreign affairs sends another note, requesting that 
transmit hj cable an abstract, as follows: 

As the Government of the United States does not definitely state 
that it will oppose landing of Colombian troops, but will secure hear- 
ing for General Rej^es, it maj^ be supposed its purpose is to bring- 
about peace in Colombia and Panama, to the end that the latter shall 
renounce independence and thus avoid armed action otherwise inevita- 
ble. If this is the intention of the United States, Colombia will accept, 
provided territorial rights of Colombia on the Isthmus are not preju- 
diced. Maintenance of order falls to the power holding sovereignt}^, 
which the United States has heretofore recognized. Accordingly, it is 
an inadmissible theory that the United States should now permit or 
aid dismemberment of Colombia merely to prevent temporary dis- 
turbance of the transit. Colombia has for fifty years maintained free 
transit, but she can not be asked to carry this to the extent of agree- 
ing to the loss of precious territory simply from fear some inter- 
ruption of transmit maj^ occur. Sovereignty of nations may not 



102 INTEROCEANIC CANAL. 

be destroyed for the purpose of avoiding transitory prejudice to 
commerce — an argument as to the eti'ect of the existing treaty, and 
that civilization will sutfer more by the violation of a public treaty 
than a temporary interruption of traffic. The most efficient means 
the United States could employ to pre\'ent interruption of transit 
would be to notify rebels to abstain f i-om obsti'ucting Colombian Gov- 
ernment in reestablishing order and constitutional rule. This is 
demanded of the United States by treaty. If the United States troops 
have been used to disarm Colombian army it is in subversion of national 
sovereignty and contrar}" to the treaty. 

Beaupre. 



3{r JTay to Mr. Beaupre. 

[Telegram,] 

Department of State, 
WasJungton, Noveviher 18, 1903. 
You will once more inform Colombian Government that we have 
recognized the Republic of Panama; that our action has been taken in 
the interest of peace and order on the Isthmus; that we earnestly 
desire an amicable settlement of questions at issue between Colombia 
and Panama, and would gladly render what services are in our power 
to that end. 

I repeat that j^ou and the secretar}^ of legation are authorized to 
take your leave of absence whenever you think best, requesting one 
of your colleagues to take charge of your legation, if both of you 
come away. 

Hay. 



INTEROCEANIC CANAL. 10b 



House Bocument No. 8, Fifty-eighth Congress, first session. 

MESSAGE 



FROM THIS 



PRESIDENT OF THE UNITED STATES, 

TRANSMITTIKG, 

IN RESPONSE TO RESOLUTION OF THE HOTJSE OF REPRESENTA- 
TIVES OF NOVEMBER 9, 1903, ALL CORRESPONDENCE AND 
OTHER OFFICIAL DOCUMENTS RELATING TO THE RECENT 
REVOLUTION ON THE ISTHMUS OF PANAMA. 



November 16, 1903. — Message and accompanying papers referred to the Committee 
on Foreign Affairs and ordered to be printed. 



To the House of Representatives: 

In response to a resolution of the House of Representatives of Novem- 
ber 9, 1903, requesting the President "to communicate to the House 
if not, in his judgment, incompatible with the interests of the public 
service, all correspondence and other official documents relating to the 
recent revolution on the Isthmus of Panama," I transmit herewith 
copies of the papers called for. 

Theodoee Roosevelt. 

White House, Washington., November 16^ 1903. 



The President: 

The Secretary of State, to whom was referred a cop}^ of the resolu- 
tion of the House of Representatives of November 9, 1903, requesting 
copies of all correspondence and other official documents relating to 
the recent revolution on the Isthmus of Panama, has the honor to lay 
before the President copies of the correspondence from and to the 
Department of State on the subject. 

Respectfully^ submitted. 

John Hay. 

Department of State, 

Washington,^ November 13, 1903. 



104 INTEROCEANIC CANAL. 

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND 
THE UNITED STATES CONSULATE-GENERAL AT PANAMA. 

A press bulletin having announced an outbreak on the Isthmus, the 
following- cablegram was sent both to the consulate-general at Panama 
and the consulate at Colon: 

Department of State, 
Wasldngton^ Novemher 3, 1903. 

(Sent 3.40 p. m.) 
Uprising on Isthmus reported. Keep Department promptly and 
full}" informed. 

-LooMis, Acting. 



Mr. Ehimian to Mr. Hay. 

Panama, Novemher 3, 1903. 

(Received 8.15 j). m.) 
No uprising yet. Reported will be in the night. Situation is critical. 

Ehrman. 



Mr. Ehrman to Mr. Hay. 

TTelegram.] 

Panama, Novemler 3, 1903. 

(Received 9.50 p. m.) 
Uprising occurred to-night, 6; no bloodshed. Army and navy offi- 
cials taken prisoners. Government will be organized to-night, con- 
sisting three consuls, also cabinet. Soldiers changed. Supposed same 
movement will be effected in Colon. Order prevails so far. Situation 
serious. Four hundred soldiers landed Colon to-day Barranquilla. 

Ehrman. 



Mr. Loomis to Mr. Ehrman. 

[Telegram.] 

Department of State, 

Washington^ November 3., 1903. 

(Sent 11.18 p. m.) 
Message sent to Nashville to Colon may not have been delivered. 
Accordingly see that following message is sent to Nashville immedi- 
atelj^: 

Nashville, Colon: 

In the interests of peace make every effort to prevent Government troops at Colon 
from proceeding to Panama. The transit of the Isthmus must be kept open and 
order maintained. Acknowledge. (Signed) Darling, Acting. 

Secure special train, if necessary. Act promptly. 

Loomis, Acting, 



INTEROCEANIO CANAL. 105 

Mr. Loomis to Mr. Elirman. 

[Telegram.] 

Department of State, 
Washington., Noveiiiher ^, 1903. 

(Sent 12.02 p. m.) 
Communicate with commander of gunboat Bogota and state plainly 
that this Government being responsible for maintaining peace and 
keeping transit open across Isthmus desires him to refrain from wan- 
tonly shelling the city. We shall have a naval force at Panama in two 
days, and are now ordering men from the Nashmlle to Panama in the 
interests of peace. 

Loomis, Acting. 



Mr. EJirinan to Mr. Hay. 

[Telegram.] 

Panama, Wovemher 4-, 1903. 

(Received 7.10 p. m.) 
Mass meeting held. Independence publicly declared. Three con- 
suls approved organize government, composed Federico Boyd, Jose 
Agustin Arango, Tomas Arias. Bogota in sight. 

Ehrman. 



Mr. Ehrman to Mr. Hay. 

[Telegram.] 

Panama, Novemher .^, 1903. 

(Received 9.50 a. m.) 
Cables Washmlle received. Nashville notified. Troops will not be 
moved. Last night gunboat Bogota fired several shells on city; one 
Chiiaaman killed. Bogota threatens bombard city to-day. 

Ehrman. 



Mr. Ehrman to Mr. Hay. 

[Telegram.] 

Panama, Novemler 5, 1903. 

(Received 12.60 p. m.) 
^ Received an official circular letter from the committee of the provi- 
sional government saying that on 1th political move occurred, and the 
Department of Panama withdraws from the Republic of the United 
States of Colombia and formed the Republic of Panama. 
Requested to acknowledge the receipt of circular letter, 

Ehrman. 
S. Doc. 51 8 



106 INTEROCEANIC OANAL. 

Mr. Loomis to Mr. JEhrman. 

[Telegram.] 

Department of State, 
Washington, Noveiiiber 5, 190S. - 

(Sent 3.15 p. m.) 
Acknowledge the receipt of circular letter and await instructions 
before taking any further action in this line. 

Loomis, Acting. 

Mr. Loomis to Mr. Ehrman. 

[Telegram.] 

Department of State, 

Washington., November 5, 1903. 

(Sent 5.09 p. m.) 



Keep Department informed as to situation. 



Loomis, Acting. 



Mr. Ehrman to Mr. Ha/y. 

[Telegram.] 

Panama, November ,5, 1903. 

(Received 9.42 p. m.) 

Colombian troops reembarked per Eoyal Mail for Carthagena. 
Bogota supposed at Buenaventura. Quiet prevails. 

Ehrman. 



Mr. Ehrman to Mr. Hay. 

[Telegram.] 

Panama, Wovemher 6, 1903.. 

(Received 11.55 a. m.) 
The situation is peaceful. Isthmian movement has obtained so far 
success. Colon and interior provinces have enthusiastically joined 
independence. Not any Colombian soldiers known on isthmian soil at 
present. Padilla equipped to pursue Bogota. Bunau Varilla has 
been appointed officially confidential agent of the Republic of Panama 
at Washington. 

Ehrman. 



Mr. Hay to Mr. Ehrman. 

[Telegram.] 

Department of State, 
Washington, JSFovemher 6, 1903. 

(Sent 12.51 p. m.) 

The people of Panama have, by an apparently unanimous movement, 
dissolved their political connection with the Republic of Colombia and 



INTEROOEANIO CANAL. 107 

resumed their independence. When you are satisfied that a de facto 
government, republican in form, and without substantial opposition 
from its own people, has been established in the State of Panama, you 
will enter into relations with it as the responsible government of the 
territory and look to it for all due action to protect the persons and 
property of citizens of the United States and to keep open the isthmian 
transit in accordance with the obligations of existing treaties govern- 
ing the relation of the United States to that territory. 

Communicate above to Malmros, who will be governed by these 
instructions in entering into relations with the local authorities. 

Hay. 



Mr. Hay to Mr. ETirman. 

[Telegram.] 

Department of State, 
Washington, November 6, 1903. 

(Sent 2.45 p. m.) 
I send, for your information and guidance in the execution of the 
instructions cabled to you to-day, the text of a telegram dispached this 
day to. the United States minister at Bogota: 

The people of Panama having by an apparently unanimous movement dissolved 
their political connection with the Republic of Colombia and resumed their inde- 
pendence, and having adopted a government of their own, republican in form, with 
which the Government of the United States of America has entered into relations, 
the President of the United States, in accordance with the ties of friendship which 
have so long and so happily existed between the respective nations, most earnestly 
commends to the Governments of Colombia and of Panama the peaceful and equit- 
able settlement of all questions at issue between them. He holds that he is bound, 
not merely by treaty obligations, but by the interests of civilization, to see that the 
peaceable traffic of the world across the Isthmus of Panama shall not longer be dis- 
turbed by a constant succession of unnecessary and wasteful civil wars. 

Hay. 



Mr. Ehrman to Mr. Hay. 

[Telegram.] 

Panama, Noveniber 6, 1903. 

(Received 7.23 p. m.) 
Filippe Bunau Varilla has been appointed envoy extraordinary and 
minister plenipotentiary to the United States of America. Perfect 
quiet. 

Ehrman. 

Mr. EJirman to Mr. Hay. 

[Telegram.] 

Panama, JSFovemler 6", 1903. 

(Received 11.23 p. m.) 
It is reported that Colombian authorities have detained English 
steamers Manavi and Quito at Buenaventura. Supposed to be to bring 
troops to the Isthmus. 

Ehrman. 



108 INTEEOOEANIO CANAL. 

Mr. JEhrman to Mr. Hay. 

[Telegram.] 

Panama, November 7, 1903. 

(Received 12.20 p. m.) 
I have communicated to Panama Government that they will be held 
responsible for the protection of the persons and property of citizens 
of the United States, as well as to keep the isthmian transit free in 
accordance with obligations of existing treaties relative to the isth- 
mian territory. 

Ehrman. 



Mr. Ehrman to Mr. Hay. 

[Telegram.] 

Panama, Wovemher 10, 1903. 

(Received 1.35 p. m.) 
Federico Boyd, a member of the Committee of the Government, 
Amador Guerrero, both delegates, on the way to Washington to 
arrange in satisfactor}^ manner to the United States the canal treaty and 
other matters. Pablo Arosemena, attorney, proceeds next steamer. 
English steamers were not held at Buenaventura. Gunboat Bogota 
has left Buenaventura. 

Ehkman. 



Mr. Loom.is to Mr. Ehrman. 

[Telegram.] 

Department of State, 
Washington, November 10^ 1903. 

(Sent 3.42 p. m.) 
Keep in touch with commander of United States naval forces at 
Panama, advising him concerning news bearing on militarj^ situation. 

LooMis, Acting. 



Mr. JEhrman to Mr. Hay. 

[Telegram.] 

Panama, November 11, 1903. 

(Received 5.32 p. m.) 
I am officially informed tnat Bunau Varilla is the authorized party 
to make treaties. Boyd and Amador have other missions and to assist 
their minister. 

Ehrman. 



utteeooeanio canal. 109 

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND 
THE UNITED STATES CONSULATE AT COLON. 

Mt. Malmros to Mr. Hay. 

[Telegram.] 

Colon, NovemBer 3, 1903. 

(Received 2.35 p. m.) 

Revolution imminent. Government force on the Isthmus about 500 
men. Their official promised support revolution. Fire department 
Panama, 441, are well organized and favor revolution. Government 
vessel, Cartagena, with about 400 men, arrived early to-day with new 
commander in chief, Tobar. Was not expected until November 10. 
Tobar's arrival is not probable to stop revolution. 

Malmros. 



Mr. Loomis to Mr. Malmros. 

[Telegram.] 

Department of State, 

WasJiington., Novemher 3, 1903. 

(Sent 4 p. m.) 

Are troops from the vessel Cartagena disembarking or preparing to 

land? 

Loomis. 



Mr. Loomis to Mr. Malmros. 

[Telegram.] 

Department of State. 

Washington., November 3, 1903. 

(Sent 4.28 p. m.) 

Did you received and deliver to Nashville last night or early this 
morning a message % 

Loomis, Acting. 



Mr. Malmros to Mr. Say. 

[Telegram.] 

Colon, Novemher 3, 1903. 

(Received 8.20 p. m.) 
Troops from vessel Cartagena have disembarked; are encamping on 
Pacific dock awaiting orders to proceed to Panama from commander 
in chief, who went there this morning. No message for Nashville 
received. 

Malmros. 



110 INTEROCEANIC CANAL. 

Mr. Loomis to Mr. Malmros. 

[Telegram.] 

Department of State, 
Washington., November =?, 1903. 

(Sent 8.45 p. m.) 
The troops which landed from the Cartagena should not proceed to 
Panama. 

Loomis, Acting. 



Mr. Loomis to Mr. Malm/ros. 

[Telegram.] 

Department of State, 
Washington., November 3^ 1903. 

(Sent 10.10 p. m.) 
An important message was sent at 6 Monday night in your care for 
the Nashville. Make all possible effort to get it. 

- Loomis. 



Mr. Say to Mr. Malmros. 

[Telegram.] 

Department of State, 
Washington., November 3, 1903. 

(Sent 10.30 p. m.) 

If dispatch to Nashville has not been delivered inform her captain 
immediately that she must prevent Government troops departing for 
Panama or taking any action which would lead to bloodshed, and must 
use every endeavor to preserve order on Isthmus. 

Hat. 



Mr. Malmros to Mr. Hay. 

[Telegram.] 

Colon, November .^, 1903. 

(Received 3.35 p. m.) 

Met captain of Nashville at 6 p. m. yesterday. Pleard that message 
had been delivered to captain boat alongside of wharf instead of to 
me. No rebels or invading force near Panama or Colon or line of 
transit. Panama intended revolutionary movement known here to 
few persons only, up to 8 a. m. to-da3^ Revolutionary committee of 
six in Panama at 6 p. m. took charge of revolutionary movement. 
General Tobar and five officers taken prisoners. Panama in possession 
of committee with consent of entire population. This fact appears 
not known as yet to conservatives in Colon. Panama committee 
expect to have 1,500 men armed by this time. State of affairs at 



INTBEOCEANIC CANAL. ll^l 

Panama not known by Colombian force at Colon as yet. Official in 
command of disembarked force applied for transportation this morn- 
ing Captain meanwhile communicated to committee about 10 p. m. 
laft niffht his refusal to allow train with force to be sent to Panama 
and the committee assented. This leaves Colon in the possession of 

the Government. 

Malmros. 



Mr. MaVmros to Mr. Ray. 

[Telegram.] 

Colon, JSfovember .5, 1903. 

(Received 11.50 a. m.) 

On arrival yesterdav morning's train Panama revolution and To bar's 
imprisonment became" generally known; 12.30 commander Colombian 
troops threatens to kill every American unless Tobar released by 
2 p. m. Provisional Government informed these facts. JyashviUe 
landed 50 men; stationed in and near railroad office where Americans, 
armed, met. Negotiations Colombian commander and Panama Gov- 
ernment commenced and progressing. Hostilities suspended. Colom- 
bians occupy Colon and Monkey Hill. 

^•^ Malmeos. 



Mr. Loomis to Mr. Malmros 

[Telegram.] 

Department of State, 
Washiiigton, Novemher 5, 1903. 

(Sent 5.10 p. m.) 

What is the situation this evening? , 

Loomis, Acting. 



Mr. Mahnros to Mr. May. 

[Telegram.] 

Colon, November 5, 1903. 

(Received 9.34 p. m.) 

All Colombian soldiers at Colon now, Y p. m., going on board Royal 
Mail steamer returning to Cartagena. Vessel, supposed to be JJixde, 

in sight. 

Malmros. 



Mr. Malmros to Mr. Hay. 

[Telegram.] 

Colon, November 6', 1903. 

(Received 1.50 p. m.) 

Tranquillity absolute in Colon. Porfirio Melendez appointed gov- 
ernor of this province. Proclaimed Republic of Panama at Colon pre- 



112 IKTEROOEANIC CANAL. 

fectura at 10 o'clock a. m. English and French consuls present. I 
arrived after proclamation, and upon my sug-g-estion I told governor 
that presence of consuls must not be looked upon as recognition of 
revolutionary state by their respective Governments. Melendez sent 
steam launch to Bocas del Toro to proclaim independence. 

Malmkos. 



COMMUNICATIONS FROM THE PANAMA GOVERNMENT. 

[Telegram.— Translation.] 

Panama, N'ovemher .^, 1903. 

(Received 8.45 p. m.) 
Secretary of State, Washvngton: 

We take the liberty of bringing to the knowledge of your Govern- 
ment that on 3'esterday afternoon, in consequence of a popular and 
spontaneous movement of the people of this city, the independence of 
the Isthmus was proclaimed and, the Republic of Panama being insti- 
tuted, its provisional government organizes an (executive) board con- 
sisting of ourselves, who are assured of the military strength neces- 
sary to carry out our determination. 

Josi: A. Arango. 
Federico Boyd. 
ToMAS Arias. 



Telegram. — Translation . ] 

Panama, Novemler Jf., 1903. 

(Received 10.30 p. m.) 
A. Su Excelencia Presidente de los Estados Unidos, 

Washington: 
The municipality of Panama is now (10 p, m.) holding a solemn ses- 
sion, and joins in the movement of separation of the Isthmus of Panama 
from the rest of Colombia. It hopes for recognition of our cause by 
your Government. 

Demetro S. Brida. 



[Telegram. — Translation.] 

Panama, Wovemher 5, 1903. 

(Received 8.48 p. m.) 
Secretary of State, Washington: 

We notify you that we have appointed Seuor Philippe Bunau Varilla 
confidential agent of the Republic of Panama near your Government 
and Dr. Francisco V. de la Espriella minister of foreign affairs. 

Arango. 

Boyd. 

Arias. 



INTEROCEANIO CANAL. 113 

[Telegram .—Translation . ] 

Panama, November 6", 1903. 

(Received 10.40 a. m.) 
Secretary of State, Washington: 

Colon and all the towns of the Isthmus have adhered to the declara- 
tion of independence proclaimed in this cit3\ The authority of the 
Kepublic of Panama is obeyed throughout its territory. 

Arango. 

Arias. 

Boyd. 



[Telegram. — Translation.] 

Panama, November 6", 1903. 
Secretary of '^TKirE^.^'WasMngton : 

The board of provisional government of the Republic of Panama 
has appointed Senor Philippe Bunau Varilla envoy extraordinary and 
minister plenipotentiary near your Government with full powers to 
conduct diplomatic and financial negotiations. Deign to receive and 
heed him. 

J. M. Arango, 
ToMAS Arias, 
Federico Boyd, 
Foreign Relations. 



[Telegram. — Translation.] 

New York, Novemher 7, 1903. 

(Received 1.40 p. m.) 

His Excellency John Hay, Secretary of State: 

I have the privilege and the honor of notifying you that the Gov- 
ernment of the Republic of Panama have been pleased to designate me 
as its envoy extraordinary and minister plenipotentiary near the Gov- 
ernment of the United States. In selecting for its first representative 
at Washington a veteran servant and champion of the Panama Canal, 
my Government has evidently sought to show that it considers a loyal 
and earnest devotion to the success of that most heroic conception of 
human genius as both a solemn duty and the essential purpose of its 
existence. I congratulate myself, sir, that my first official duty should 
be to respectfully request you to convey to His Excellency the Presi- 
dent of the United States on behalf of the people of Panama an 
expression of the grateful sense of their obligation to his Government. 
In extending her generous hand so spontaneously to her latest born, 
the Mother of the American Nations is prosecuting her noble mission 
as the liberator and the educator of the peoples. In spreading her 
protecting wings over the territoiy of our Republic the American 
Eagle has sanctified it. It has rescued it from the barbarism of unnec- 
essary and wasteful civil wars to consecrate it to the destiny assig'ned 
to it by Providence, the service of humanity and the progress of civili- 
zation. 

Phtleppe Bunau Varilla. 



114 INTEROOEANIC CANAL. 

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND 
THE UNITED STATES LEGATION AT BOGOTA. 

Mr. Beaujyre to Mr. Hay. 

[Telegram.] 

Bogota, Nonemher J^^ 1903. 
(Received November 6, 1903, 5 p. m.) 
Fourth, 5 p. m. Confidential. I have been shown telegram from 
reliable source in Panama to the efi'ect that Isthmus is preparing for 
secession and that proclamation of independence may be expected 
soon. The particulars carefully guarded. Reliable information hard 
to obtain. This Government is evidently alarmed and troops are being- 
sent to Isthmus. Repeat telegrams of importance from United States 
consul-general. His telegrams to me may be interfered with. 

BEAUPEi:. 



Mr. Hay to Mr. BeauprS. 

[Telegram.] 

Department of State, 
Washington., November 6, 1903. 
The people of Panania having by an apparently unanimous move- 
ment dissolved their political connection with the Republic of Colom- 
bia and resumed their independence, and having adopted a government 
of their own — republican in form — with which the Government of the 
United States of America has entered into relations, the President of 
the United States, in accordance with the ties of friendship which have 
so long and so happily existed between the respective nations,- most 
earnestly commends to the Governments of Colombia and of Panama the 
peaceful and equitable settlement of all questions at issue between 
them. He holds that he is bound not merely by treaty obligations 
but by the interests of civilization, to see that the peaceful traffic of 
the world across the Isthmus of Panama shall not longer be disturbed 
by a constant succession of unnecessary and wasteful civil wars. 

Hat. 



Mr. BeoMjpre to Mr. Hay. 

[Telegram.] 

Bogota, Wovemher 6", 1903. 
(Received November 8 — 11.05 p. m.) 
November 6, 6 p. m. Knowing that the revolution has already com- 
menced in Panama, ■ says that if the Government of the 

United States will land troops to preserve Colombian sovereignty, and 
the transit, if requested by the Colombian charge d'affaires, this Gov- 
ernment will declare martial law, and by virtue of vested constitutional 
authority, when public order is disturbed, will approve by decree the 
ratification of the canal treaty as signed; or, if the Government of the 
United States prefers, will call extra session of Congress with new and 



INTEROCEANIC CANAL. 115 

friendly members next May to approve the treaty. General Reyes 
has the perfect confidence of Vice-President, he says, and if it Ijecomes 
necessary will go to the Isthmus or send representatives there to adjust 
matters along above lines to the satisfaction of the people there. If 
he goes he would like to act in harmony with the commander of the 
United States forces. This is the personal opinion of Reyes, and he 
will advise this Government to act accordingl3^ There is a great reac- 
tion of public opinion in favor of the treaty, and it is considered cer- 
tain that the treaty was not legall}^ rejected by Congress. To-morrow 
martial law will be declared; 1,000 troops will be sent from the Pacific 
side; about the same number from the Atlantic side. Please answer 
by telegraph. , 

Beaupee. 



Mr. Beawpre to Mr. Hay. 

[Telegram.] 

Bogota, Noveinb&r 7, 1903. 
(Received November 10 — 7.30 p. m.) 
November 7, 2 p. m. General Reyes leaves next Monda!y for Pan- 
ama, invested with full powers. He has telegraphed chiefs of the 
insurrection that his mission is to the interests of Isthmus. He wishes 
answer from you, before leaving, to the inquiry in my telegram of 
yesterda}^, and wishes to know if the American commander will be 
ordered to cooperate with him and with new Panama Government to 
arrange peace and the approval of canal treaty, which will be accepted 
on condition that the integrity of Colombia be preserved. He has tele- 
graphed President of Mexico to ask the Government of the United 
States and all the countries represented at the Pan-American confer- 
ence to aid Colombia to preserve her integrity. The question of the 
approval of the treaty mentioned in my telegram of yesterday will be 
arranged in Panama. He asks that before taking definite action you 
will await his arrival there, and that the Government of the United 
States in the meantime preserve the neutrality and transit of the 
Isthmus and do not recognize the new Government. Great excite- 
ment here. Martial law has been declared in the Cauca and Panama. 
Answer. 

BEAUPKii. 



Mr. JBeaupre to Mr. Hoy. 

[Telegram.] 

Bogota, N'ovember 7, 1903. 
(Received November 10, 7.55 p. m.) 
November 7, 6 p. m. As the Government of the United States has 
war vessels at Panama and Colon, minister for foreign afl^airs has 
requested me to ask, Will you allow Colombian Government to land 
troops at those ports to fight there and on the line of railwa}^ ? Also 
if the Government of the United States will take action to maintain 
Colombian right and sovereignty on the Isthmus in accordance with 
article 35, the treaty of 1816, in case the Colombian Government is 
entirely unable to suppress the secession movement there? 



116 



INTEROCEANIC CANAL. 



I am entirely unable to elicit from minister for foreign affairs con- 
firmation of the promises made by . 

Beaupr^;. 



Mr. JBeaupre to Mr. Hay. 

[Telegram.] 

Bogota, November 5, 1903. 
(Received November 11, 12.30 a. m.) 

November 9, 9 a, m. I am desired to inform you by General Reyes 
that Gen. Bedronel Ospina and Lucas Cabellero, prominent party 
leaders, accompany him on his mission. 

Ver}^ great excitement here. Large crowds paraded streets yester- 
day, crying "Down with Marroquin." Mass meeting denounced him; 
called for a change of government. Hundreds gathered at the palace, 
and their orator, a prominent national general, addressed the Presi- 
dent, calling for his resignation. Troops dispersed gathering, wound- 
ing several. Martial law is declared here, and the city is being 
guarded by soldiers. Legation of the United States under strong 
guard, but apparently no indications of hostile demonstration. 

The residence of Lorenzo Marroquin attacked with stones. 

Referring to the questions presented by minister for foreign affairs 
in my telegram of Yth, 1 have preserved silence, but bear in mind page 
678, Foreign Relations, part 3, 1866, and instructions 131 to minister 
to the United States of Colombia, 1865. 

BEAUPRi;. 



Mr. Hay to Mr. Beawpre. 

[Telegram.] 

Department of State, 
Washington., November 11., 1903. 

(Sent 12.12 p. m.) 
Earnestly desiring an amicable solution of matters at issue between 
Colombia and Panama, we have instructed our consul-general at 
Panama to use good offices to secure for General Re5''es a courteous 
reception and considerate hearing. It is not thought desir ble to per- 
mit landing of Colombian troops on Isthmus, as such a course would 
precipitate civil war and disturb for an indefinite period the free tran- 
sit which we are pledged to protect. I telegraphed you on November 6 
that we had entered into relations with the provisional government. 

Hay. 



CORRESPONDENCE BETWEEN THE SECRETARY OF STATE AND 
THE CHARG:^ D'AFFAIRES OF COLOMBIA. 

Mr. Hay to Doctor Herran. 

Department of State, 
Washington., November 6, 1903. 
Dear Dqctor Herran: I inclose copy of a dispatch which has to- 
dsLy been sent to our minister at Bogota. 

Very sincerely, yours, John Hay. 



INTBEOCBANIC CANAL. 117 

[Inclosure.] 
Mr. Hay to Mr. Beaupre. 

[Telegram.] 

November 6, 1903. 
Beaupee, Bogota: 

The people of Panama having by an apparently unanimous movement dissolved 
their political connection with the Republic of Colombia and resumed their inde- 
pendence, and having adopted a government of their own, republican in form, with 
which the Government of the United States of America has entered into relations, 
the President of the United States, in accordance with the ties of friendship which 
have so long and so happily existed between the respective nations, most earnestly 
commends to the governments of Colombia and Panama the peaceful and equitable 
settlement of all questions at issue between them. He holds that he is bound not 
merely by treaty obligations, but by the interests of civilization, to see that the 
peaceable traffic of the world across the Isthmus of Panama shall not longer be dis- 
turbed by a constant succession of unnecessary and wasteful civil wars. 

Hay. 



Dr. Herran to Mr. Hay. 

[Translation.] 

Legation of Colombia, 
Washington.) D. C. , November 7, 1903. 

Excellency: I acknowledge tlie reception of your excellency's note 
of the 6th instant, inclosing a copy of the telegram sent on the same 
day to the legation of the United States at Bogota hj the Department 
of State. 

In that telegram your excellency refers to the relations already en- 
tered into by the Government of the United States of America with 
the Colombian rebels who on the evening of the 3d usurped the 
power in the capital of the Colombian Department of Panama and 
imprisoned the lawful civil and military authorities. 

Your excellency will undoubtedly receive the replj^ of the Colombian 
Government through the same channel that was used to forward the 
notice of which your excellency was pleased to send me a copy, but, 
in the meanwhile, I am discharging a duty by lodging in advance with 
your excellency, in the name of my Government, a solemn protest 
against the attitude assumed in the Department of Panama, by the 
Government of the United States to the injury of Colombia's rights 
and in disaccord with the stipulations of article 35 of the still existing 
treaty of 1846-1848 between Colombia and the United States of 
America. 

1 reiterate, etc. , Tomas Heeran. 



Mr. Hay to Dr. Herran. 

No. 22.] Department op State, 

Washington.) November 11., 1903. 
Sir: 1 have the honor to acknowledge the receipt of your note of 
the 7th instant, in which, acknowledging my communication of the 
6th instant, you are pleased, of your own motion and in the absence of 
instructions from your Government, to lodge a protest against the 
attitude assumed by the Government of the United States in respect 
to the situation on the Isthmus of Panama. 

Accept, sir, etc., John Hay. 



118 INTEKOCEANIO CANAL. 

Mr. Tower to Mr. Hay. 

[Telegram.] 

Embassy of the United States, 

Berlin., November 10, 1903. 

(Received 5.40 p. m.) 
In regard to the report telegraphed from New York that the Colom- 
bian consul-general there had declared that Colombian citizens had 
petitioned the Colombian Government to send a deputation to thank 
the German Government for its offered protection and to make con- 
cessions of land to Germany therefor, I have just received the assurance 
of the German minister for foreign affairs that there is no truth what- 
ever in this report. He added that Germany has no interest in the 
Panama matter, and that the question of an interference on the part 
of Germany does not exist. 

Tower. 



Mr. PorteY to Mr. Hay. 

[Telegram.] 

Embassy of the United States, 

Paris, JSFovemher 11, 1903. 

(Received 3.50 p. m.) 
The French generally are much pleased with events in Panama and 
our attitude there. In conversation with minister for foreign affairs 
he expressed himself in very sympathetic manner. Has authorized 
French consul at Panama to enter into relations with de facto govern- 
ment. Recognition will no doubt follow in time, and it seems to be 
disposition of European powers to await formal recognition by the 
United States before acting. 

Porter. 



RECEPTION OE MINISTER OF PANAMA. 

Mr. Varilla to Mr. Hay. 

[Translation.] 

Legation of the Republic of Panama, 

Washington, November 11, 1903. 
Mr. Secretary of State: 

I have the very great honor to bring to your knowledge the fact 
that the Republic of Panama has designated me to fill, near the Gov- 
ernment of the United States of America, the post of envoy extraordi- 
udiYj and minister plenipotentiary with full powers to negotiate. 

While begging you, Mr. Secretary of State, to transmit to His 
Excellency the President of the Republic of the United States the 
substance of the present communication, I venture to ask you to solicit 
from his kindness the appointment of a date on which he will author- 
ize me to present to him my letters of credence. 
I have, etc. , 

P. Bdnau Varilla. 



INTEKOCEANIC CANAL. 119 

Mt. Loomis to Mr. Varilla. 

No. 1.] . Department of State, 

Washington, Wovemher 12, 1903. 

Sir: I have the honor to acknowledge the receipt of your note of 
the 11th instant, in which you advise me that the Republic of Panama 
has appointed you to fill, near this Government, the post of envoy 
extraordinary" and minister plenipotentiary, with full powers to nego- 
tiate. 

You further ask that this information may be communicated to the 
President and that he will kindly fix a date at which you may present 
your letters of credence. 

In reply I have the honor to say that the President will be pleased 
to receive you for the purpose mentioned to-morrow, Friday, at 9.30 
a. m. 

If you will be good enough to call at this Department shortly before 
the hour mentioned, the Secretary of State will be pleased to accompany 
you to the White House. 

Accept, etc., Francis B. Loomis, 

Acting Secretary. 



REMARKS MADE BY THE MINISTER OF PANAMA. 

Mr. President: In according to the minister plenipotentiary of the 
Republic of Panama the honor of presenting to you his letters of cre- 
dence 3^ou admit into the family of nations the weakest and the last 
born ©f the republics of the New World. 

It owes its existence to the outburst of the indignant grief which 
stirred the hearts of the citizens of the Isthmus on beholding the 
despotic action which sought to forbid their country from fulfilling 
the destinies vouchsafed to it by Providence. 

In consecrating its right to exist, Mr. President, you put an end to 
what appeared to be the interminable controversy as to the rival water- 
ways, and you definitely inaugurate the era of the achievement of the 
Panama Canal. 

From this time forth the determination of the fate of the canal 
depends upon two elements alone, now brought face to face, singularly 
unlike as regards their authority and power, but wholly equal in their 
common and ardent desire to see at last the accomplishment of the 
heroic enterprise for piercing the mountain barrier of the Andes. 

The highway from Europe to Asia, following the pathway of the 
sun, is now to be realized. 

The early attempts to find such a way unexpectedly resulted in the 
greatest of all historic achievements, the discovery of America. Cen- 
turies have since rolled by, but the pathwaj^^ sought has hitherto 
remained in the realm of dreams. To-day, Mr. President, in response 
to your smnmons, it becomes a reality. 



120 INTEEOOEANIO CANAL. 

THE PEESIDENT's KEPLY TO THE EEMAEK8 MADE BY SENOE BUNAU 
VAEILLA ON THE OCCASION OF THE PEESENTATION OF HIS LETTEES 
OF CEEDENCE. 

Me. Ministee: I am much gratified to receive the letters whereby 
you are accredited to the Government of the United States in the 
capacity of envoy extraordinary and minister plenipotentiary of the 
Republic of Panama. 

In accordance with its long-established rule, this Government has 
taken cognizance of the act of the ancient territory of Panama in reas- 
serting the right of self-control and, seeing in the recent events on the 
Isthmus an unopposed expression of the will of the people of Panama 
and the confirmation of their declared independence by the institution 
of a de facto government, republican in form and spirit, and alike able 
and resolved to discharge the obligations pertaining to sovereignty, we 
have entered into relations with the new Republic. It is fitting that 
we should do so now, as we did nearly a century ago when the Latin 
peoples of America proclaimed the right of popular government, and 
it is equally fitting that the United States should, now as then, be the 
first to stretch out the hand of fellowship and to observe toward the 
new-born State the rules of equal intercourse that regulate the rela- 
tions of sovereignties toward one another. 

I feel that 1 express the wish of my countrymen in assuring you, 
and through you the people of the Republic of Panama, of our earnest 
hope and desire that stability and prosperity shall attend the new State, 
and that, in harmony with the United States, it may be the providen- 
tial instrument of untold benefit to the civilized world through the 
opening of a highway of universal commerce across its exceptionally 
favored territory. 

For yourself, Mr. Minister, I wish success in the discharge of the 
important mission to which you have been called. 



Navy Depaetment, 
Washingto?i, JVovemier 12, 1903. 
Sie: In accordance with the resolution of the House of Represent- 
atives of the 9th instant, calling for all correspondence and other 
official documents relating to the recent revolution on the Isthmus of 
Panama, I have the honor to transmit herewith all such matter on file 
in the Navy Department. 

Very respectfully, William H. Moody, 



The Peesident. 



Secretary. 



Navy Depaetment, 
Washington, D. C, Noveivher 2, 1903. 

[Translation.] 

Nashville, care American Consul, Colon :°' 

-Maintain free and uninterrupted transit. If interruption threatened 
by armed force, occupy the line of railroad. Prevent landing of any 

« Same order to commander of Dixie, at Kingston, Jamaica. 



INTEEOOEANIC CANAL. 121 

armed force with hostile intent, either Government or insurgent, 
either at Colon, Porto Bello, or other point. Send copy of instructions 
to the senior officer present at Panama upon arrival of Boston. Have 
sent copy of instructions and have telegraphed i>*a?ie to proceed with 
all possible dispatch from Kingston to Colon. Government force 
reported approaching the Isthmus in vessels. Prevent their landing 
if in your judgment this would precipitate a conflict. Acknowledg- 
ment is required. 

Darling, Acting. 



Navy Department, 
Washington^ D. C. , November ^, 190S. 

Glass, Marblehead., Acajjulco: "■ 

Proceed with all possible dispatch to Panama. Telegraph in cipher 
your departure. Maintain free and uninterrupted transit. If inter- 
ruption is threatened by armed force occupy the line of railroad. Pre- 
vent landing of any armed force, either Government or insurgent, with 
hostile intent at any point within 50 miles of Panama. If doubtful as 
to the intention of any armed force, occupy Ancon Hill strongly with 
artillery. If the Wyoming would delay Concord and Marblehead her 
disposition must be left to your discretion. Government force reported 
approaching the Isthmus in vessels. Prevent their landing if in your 
judgment landing would precipitate a conflict. 

Darling, Acting. 



Navy Department, 
Washington., D. C. , JYovember 3, 1903. 
Cruiser Atlanta, Kingston., Jamaica: 

Proceed with all possible dispatch to Colon. Acknowledge immedi- 
ately. Wh en will you sail ? 

Darling, Acting. 



Navy Department, 
Washington., D. C. , November 3, 1903. 
Nashville, Colon: 

In the interest of peace make every effort to prevent Government 
troops at Colon from proceeding to Panama. The transit of the Isth- 
must be kept open and order maintained. Acknowledge. 

Darling, Acting. 



Navy Department, 
Washington., D. C, November 3., 1903. 
American Consul, Panama: 

Message sent Nashville to Colon may not have been delivered. 
Accordingly see that the following message is sent to Nashville 
immediately: 

«■ Same to commander of Boston at San Juan del Sur, Nicaragua. 

S. Doc. 51 9 



122 INTEROOEANIO CANAL 

Nashville, Colon: 

In the interest of peace make every effort to prevent Government troops at Colon 
from proceeding to Panama. The transit of the Isthmus must be kept open and 
order maintained. Acknowledge. 

Darling, Acting. 

Secure special trains if necessary. Act promptly. 

LooMis, Acting. 



[Translation.] 

Navy Department, 
'Washington^ D. C. , Novemher Jf-^ 1903. 
]NASHYrLLE, Colon: 

Gunboat of Colombia shelling- Panama. Send immediately battery 
3-inch field gun and 6-pounder with a force of men to Panama to com- 
pel cessation bombardment. Railroad must furnish transportation 
immediately. 

Darling, Acting. 



[Translation.] 

Washington, D. C. , November 5, 1903. 
Boston, care of American consul^ Panama: 

Prevent recurrence bombardment of Panama. Acknowledge. 

Moody. 



Nayy Department, 
Washington, D. C. , Wovemher 5, 1903. 
Nashville, Colon: 

Prevent any armed force of either side from landing at Colon, Porto 
Bello, or vicinity. 

Moody. 



[Translation.] 



Washington, D. C, November 6., 1903. 
Maine, Woods Hole, Mass.: 

Proceed at once to Colon, coaling wherever necessary to expedite 
your arrival. Acknowledge. 

Moody. 



[Translation.] 

Washington, D. C. , November 9, 1903. 
DiETiL^'Boston: 

Upon the arrival of the Marblehead sufficient force must be sent to. 
watch movements closely of the British steamers seized at Buenaven- 
tura and to prevent the landing of men with hostile intent within limits 
of the State of Panama. Protect the British steamers if necessary. 

Moody. 



INTEEOCEANIC CANAL. 123 

[Translation.] 

Washington, D. C, November 10, 1903. 
Glass, MarbleJiead., Panmna: 

Reported that the British steamers at Buenaventura were not 
detained. Did they leave with Colombian troops aboard? 

Moody. 



[Translation.] 

Colon, October 15, 1903. 
Secnav, Washington, B. C. : 

Report is current to the effect that a revolution has broken out in 
the State of Cauca. Everything is quiet on the Isthmus unless a 
change takes place. On this account there is no necessity to remain 
here. Do not think it necessary to visit St. Andrews Island. 

Hubbard, 
Commanding Officer JJ. S. B. JVashviUe. 



[Translation.] 



Colon, November 3, 1903. 



Secnav, Washington, D. C: 

Receipt of your telegram of November 2 is acknowledged. Prior 
to receipt this morning about 400 men were landed here by the Gov- 
ernment of Colombia from Cartagena. No revolution has been declared 
on the Isthmus and no disturbances. Railway company have declined 
to transport these troops except by request of the governor of Panama. 
Request has not been made. It is possible that movement may be 
made to-night at Panama to declare independence, in which event I 
will * * * (message mutilated here) here. Situation is most 
critical if revolutionary leaders act. 

HUBBAKD. 



[Translation. I 

Colon, November If, 1903. 
Secnav, Washington: 

Provisional government was established at Panama Tuesday evening; 
no organized opposition. Governor of Panama, General Tobar, Gen- 
eral Amaya, Colonel Morales, and three others of the Colombian 
Government troops who arrived Tuesday morning taken prisoner at 
Panama. I have prohibited transit of troops now here across the 
Isthmus. 

HuBBAKD 



Colon, November 1^, 1903. 
Seceetaey of the Navy, Washington, D. C. : 

Government troops yet in Colon. Have prohibited transportation 
of troops either direction. No interruption of transit as yet. Will 
make every effort to preserve peace and order. 

Hubbard. 



124 INTEROOEANIO OANAL. 

Colon, Noveiriber ^, 190S. 
Secnav, WasJdngton, D. C. : 

I have landed force to protect the lives and property of American 
citizens here against threats Colombian soldiery. I am protecting 
water front with ship. I can not possibly send to Panama until affairs 
are settled at Colon. 

HUBBAKD. 



AcAPULCO, Mexico, Wovemher Ji,, 1903. 
Secretary Navy, Washington^ D. C: 

Marhlehead and Concord to Panama to-day 4 p. m. ; Wyoming will 
follow to-morrow afternoon. If Boston is to go with squadron, I would 
suggest Department will order her to rendezvous off Cape Mala, 
Colombia, about 6 p. m. , on November 9. I have ordered Nero to Aca- 
pulco. I will leave sealed orders for her to proceed without delay to 
Panama unless otherwise directed. 

Glass. 



Colon, November 5, 1903 — 9.4.1 a. m. 
Secnav, Washington., D. C. : 

British man-of-war Amphion is protecting American interests at 
Panama. Reported bombardment much exaggerated. 

Hubbard. 



Colon, November 5, 1903 — 9.JiS a. m. 
Secnav, Washington D. C. : 

Have withdrawn force landed Wednesda}^ afternoon. No bloodshed. 
I do not apprehend difficult}^ of any serious nature. 

Hubbard. 



Colon, November 5, 1903. 
Secretary of the Navy, Washington., D. C. : 

Situation here this morning again acute. Have deemed advisable to 
reland force. 

Hubbard. 



[Translation.] 

Colon, Novemher 5. 
Secnav, Washington: 

Atlas Line's steamer, with large body of troops, reported sailing 
from Cartagena, Colombia. 

Hubbard. 



Navy Department, 
Washington., D. C. , Colon., Novemher 6', 1903. 
Secretary of the Navy, 

Washington., D. C: 
All quiet. Independents declare Government established as Repub- 
lic of Panama. Have withdrawn marines. 

Delano. 



INTEEOCEANIO CANAL. 125 

Colon, Wovemher 6, 1903 — 9.16 a. m. 
Seonav, WasJvmgton: 

Arrived Thursday evening; landed force. Following conditions 
prevailing: Just before landing all the troops of Colombia have left 
for E. M. S. P. Company's steamer Orinoco for Cartagena. Inde- 
pendent party in possession of Colon, Panama, and railroad line. 
Nashville withdrawn force. 

Delano. 



[Translation.] 

Panama, Novemher 7, 1903 — '7.1iO p. m. 
Secnav, Washington: 

All quiet; traffic undisturbed; message to prevent received. 

DiEHL. 



Colon, November 5, 1903 — 7.05 p. m. 
Secnav, Washington., D. C. : 
Atlanta left yesterday for Bocas del Toro. 

Delano. 



Panama, November 9. 
Secretary of the Navy, 

Washingt07i : 
The British consul and the minister of war of the provisional gov- 
ernment fear seizure of two British steamers at Buenaventura to trans- 
port troops convoyed by gunboat. Prevailed upon minister to dispatch 
gunboat, fearing possible destruction British steamers. The landing 
of troops in the territory within the limit under my control will cause 
prolonged campaign. Instructions from the Department are requested. 

DiEHL. 



Panama, November 10, 1903. 

Secnav: 

Your telegram of the 9th of November to the Boston acknowledged. 
No interference British vessels yet. Report seems to be well founded 
that the steamship Bogota sailed from Buenaventura yesterday after- 
noon with 1,000 for Rio Dulce. Have sent Concord to patrol in that 
vicinity in order to prevent landing. Everything is quiet at Panama. 

Glass. 



126 INTEROCEANIC CANAL. 



House Document No. 8, Part 2, Fifty-eighth Congress, first session. 

MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

ADDITIONAIi CORRESPOITDENCE RELATING TO THE RECENT 
REVOLUTION ON THE ISTHMUS OF PANAMA. 



November 27, 1903. — Eead; referred to the Committee on Foreign Affairs and 

ordered to be printed. 



To the House of Bepresentatives: 

In response to a resolution of the House of Representatives of 
November 9, 1903, requesting the President "to communicate to the 
House, if not, in his judgment, incompatible with the interests of the 
public service, all correspondence and other official documents relating 
to the recent revolution on the Isthmus of Panama," I transmit here- 
with copies of additional papers on the subject which have been 
received subsequent to the resolution referred to. 

Theodore Roosevelt. 

White House, 

Washington^ NovewiheT 27, 1903. 



The President: 

The Secretary of State, to whom was referred a copy of the resolu- 
tion of the House of Representatives of November 9, 1903, requesting 
copies of all correspondence and other official documents relating to 
the recent revolution on the Isthmus of Panama, has the honor to lay 
before the President copies of additional correspondence on the sub- 
ject received subsequent to the resolution referred to. 

Respectfully submitted. 

John Hay. 

Department of State, 

Washington, November 2Jf, 1903, 



INTEROCEAlSriC CANAL. 127 

No. 464.] Consulate-General of the United States, 

Panama, Noveiiiber 9, 1903. 
Hon. Francis B. Loomis, 

Assistant Secretary of State^ Washington^ D. C. 

Sir: I have the honor to say that on the 5th instant I received from 
the Committee of the Provisional Government a circular letter (No. 1), 
dated November 4, 1903, informing me that Panama had dissolved its 
political relations with the Eepublic of Colombia and requesting me 
to acknowledge receipt of circular. Inclosed please find translation of 
circular letter, marked "A." 1 immediately cabled the Department 
the contents of said circular letter, and upon receipt of the Depart- 
ment's cable instructing me to acknowledge receipt of circular and 
await instructions, I wrote acknowledging same. Please find copy of 
my letter, marked "B." 

On receipt of the two telegrams from the Department in regard to 
entering into relations with the local authorities here, being satisfied 
that there was a de facto government established, and as there was no 
opposition to same in the State of Panama, I wrote on the morning of 
the 7th to the committee, informing them that thej'" would be held 
responsible for the protection of the persons and property of Ameri- 
can citizens, as well as responsible for carrying out treaty obligations, 
in accordance with treaties in regard to Isthmian territory. Inclosed 
please find copy of my letter, marked " C." 

On the afternoon of the 8th instant I received a letter from the min- 
ister of foreign relations, saying that the Republic of Panama would 
protect American citizens and their property, as well as to carry out 
all treaty obligations in regard to Isthmian territory. Inclosed find 
translation of letter, marked "D." 

I am, sir, your obedient servant, 

Felix Ehrman, 
United States Yice- Consul- Oeneral. 



[Translation.] 

CiKCULAKl Republic op Panama, Provisional Government, 

No. 1. J Panama, November 4, 1903. 

Sir: We have the honor of informing you, for your knowledge and that of tbe 
Government which you represent, that in this date a political movement has taken 
place bjr which the former department of Panama is separated from the Republic of 
Colombia, in order to constitute a new state under the name of ' ' Eepublic of Panama, ' ' 
and that those who subscribe themselves have received the honor of being designated 
to form the Committee of the Provisional Government of the Eepublic. 
_ We beg you to kindly acknowledge receipt and accept the sentiments of considera- 
tion, which it is pleasing to subscribe ourselves. 

Your attentive servants, J. ^. Abango. 

ToMAS Arias. 
Federico Boyd. 
The Consul-Geneeal of the United States op Noeth America, Pte. 



B. 

Panama, November 5, 190S. 
Messrs. J. A. Arango, Tomas Arias, and Federico Boyd, 

Committee of the Provisional Government, Panama. 

Sirs: I have the honor to acknowledge receipt of your circular letter No. 1, dated 
November 4, 1903. 

I am, sirs, very respectfully, yours, Felix Ehrman, 

United States Vice-Consul-Oeneral. 



128 INTEROCEANIC CANAL. 

C. 

Panama, November 7, 190S. 
Messrs. J. A. Aeango, Tomas Arias, and Federico Boyd, 

Committee of the Provisional Government, present. 
Gents: As it appears that the people of Panama have, by unanimous movement, 
dissolved their pohtical connection with theKepublic of Colombia and resumed their 
independence, and as there is no opposition to the Provisional Government in the 
State of Panama, I have to inform you that the Provisional Government will be held 
responsible for the protection of the persons and property of citizens of the United 
States, as well as to keep the Isthmian transit free, in accordance with obligations of 
existing treaties relative to the Isthmian territory. 

I have the honor to remain, gentlemen, very respectfully, 

Felix Ehrman, 
United States Vice- Consul- General. 



[Translation.] 

iSTo. 2.] Republic op Panama, 

Panama, November 8, 1903. 
Sir: The Committee of the Provisional Government, informed of your communi- 
cation of yesterday, has requested me to inform you that the Republic of Panama 
shelters the most sincere determination of protecting, as it has so far protected, the 
lives and properties of the United States citizens, determination that involves for the 
Republic a sacred and pleasant duty, and that in regard to the obligations existing 
on account of treaties in connection with the isthmian territories heretofore with the 
Republic of Colombia are now with the Republic of Panama that has substituted the 
former in them and their rights. 

With the sentiments of the highest consideration, I beg to remain, 
Very attentive servant, 

F. V. DE la Espeiella. 
The Vice-Consul-General op the United States op America. 



No. 463.] Consulate-General of the United States, 

Panama, Moveonber 9, 1903. 
Hon. Francis B. Looms, 

Assistant Secretary of State, Washington, D. C. 
Sir: I have the honor to report that on the 3d of November, at about 
6 p. m., there occurred an uprising in the city of Panama. It seems 
that everything had been prearranged with the officials of the army 
and navy, as there was practically accord among all the officers. Gen- 
eral Tovar, General Castro, and Commander Tovar of the gunboat 
Bogota, j&nding out about the movement just a short while before it 
occurred, rushed to the barracks in the hope of frustrating the plans, 
but on their arrival General Huertas, second in command of the troops 
stationed at Panama, and chief of the " Colombia Battalion," ordered 
the soldiers out and arrested the above-mentioned generals, together 
with Governor Obaldia. The movement was to occur at 8 o'clock, but 
as the people had assembled and everything in readiness they moved 
at 6 o'clock. At 8 o'clock a boat was sent oflP from the gunboat Bogota, 
saying that unless Generals Tovar and Castro were set at liberty im- 
mediately they would bombard the town. This note was not answered 
by the people on shore. 



ITTTEROCEANIO CANAL. 129 

At about 10 o'clock on the night of the 3d the Bogota fired several 
shells, which were answered by the fort. These shots struck in differ- 
ent parts of the city, and one Chinaman was killed. After firing, the 
Boqota\o\s>\.^^ her anchor and steamed away. She was supposed to 
be behind some islands which are directly in front of Panama. On the 
morning of the 4th 1 received information direct from one of the chiefs 
of the movement, and he said that the Bogota had threatened to again 
bombard the city, and on this I immediately sent word by telegraph 
to the commander of the Nashville and cabled the Department, The 
consular corps met in this consulate-general and decided to send a 
protest to the commander of the Bogota^ protesting against the action 
of the commander. Inclosed please find copy of protest, marked "A." 
This letter was not sent, as the Bogota was not in sight and no boats 
were available at the time. The gunboat Twenty-first of Wovemher 
{Padilla) was lying off Panama all this time, but did not try to inter- 
cept or pursue the Bogota. On the morning of the 4th the Twenty- 
first of November came in and anchored near the fort, and in the after- 
noon of the same day hauled down the Colombian flag and hoisted the 
flag of Panama. In the afternoon of the 4th, at 3 p. m., there was a 
general mass meeting held in the central plaza, and the declaration of 
independence was read and signed. The following is a list of the 
Government officials, as given me by the Committee of the Provisional 
Government: 

Committee of Provisional Government, J. A. Arango, Tomas Arias, 
and Federico Boyd; minister of government, Eusebio A. Morales; 
minister of foreign relations, F. V. De la Espriella; minister of war 
and marine, Meaner A. De Obarrio; minister of justice, Carlos A. 
Mendoza; minister of finance, Manuel E. Amador; minister of public 
instruction, Julio J. Fabrega; chief of the division of Panama, Gen. 
Domingo Diaz; general in chief of the army of the Republic, Gen. 
Esteban Huertas; commander of civil batallion, Gen. Manuel Quin- 
tero; general treasurer of the Republic, Senor Albino Arosemena; 
commander of the gunboat Twenty-first of Novemter, Gen. H. O. 
Jeffries. 

I may say that the above mentioned are all men of high standing in 
Panama and men who have had wide experience in public affairs. 

During the recent troubles I am pleased to state that everything 
was carried on in an orderly manner, and I have not heard of a case 
where foreigners were threatened or molested in any way. 

Inclosed I send you clipping from the Star and Herald of this city 
containing a translation of the declaration of independence and mani- 
festo by the Committee of the Provisional Government, marked " B." 

We have heard several stories of the happenings in Colon, but I will 
leave that to be reported on from Colon, as we have received nothing 
definite. The declaration of independence was read and signed at 
Colon at 1.30 p. m. on the afternoon of the 5th instant. 

Telegrams have been received from different parts of the depart- 
ment of Panama, and all say that independence has been unanimously 
declared. 

I am, sir, your obedient servant, 

Felix Ehrman, 
United States Vice- Consul- General, 



130 INTEROOEANIO CANAL. 

A. 

[Translation.] 

Panama, November 4, 190S. 
The Commander op the Bogota. 

Sir: The consular corps of this city considers the action of the steamship Bogota^ 
under your command, last night in bombarding a defenseless city without advice of 
any kind to the consuls is contrary to all rights and practice of civilized nations. 
Consequently the consular corps protests in the most solemn manner, and holda 
responsible for the consequences and responsibilities of this act whoever is to blame, 
furnishing account to their respective governments of the referred circumstance. 
Yours respectfully, 

Felix Ehrman, 
United States Vice- Consul- General, 

E. H. ROHRWEGER, 

Acting British Vice- Consul. 
Emile Grey, 

Agent of the French Consulate, 
Arthur Kohpcke, 
Consul of Germany and in charge of Italian Consulate. 

A. Jesurum, jr.. 

Consul of Holland. 
Ed. Jaramillo Aviles, 

Consul of Ecuador, 
J. F. Arango, 

Consid- General of Guatemala. 
Federico Boyd, 
Consul of Spain and of Salvador. 
Jacob L. Maduro, 

Consul of Denmark, 

B. D. FiDANQUE, 

Consul of Belgica. 

J. G. DUQUE, 

Consul of Cuba. 
B. Mendez, 

Consul of Mexico. 
Pedro Arias, 

Consul of Brazil. 
Jeronimo Ossa, 
Consul of Chile and Honduras. 
Juan Vallarino, 

Consul of Peru. 



B. 

Declaration of independence and manifesto. 

pHxtract from Star and Herald, Panama (Republic of Panama), Thursday, November 5, 1903.] 

Independence of Panama. 

"Viva la Republica de Panama!" 

" Viva la independencia! " 

At last the State of Panama has awakened from the torpor which appeared to have 
overpowered all branches of its population. The people have at last come to the 
conclusion that there was no hope for their future as long as they remained under 
the jurisdiction of the national Government as a department of the Republic of 
Colombia and have risen in a body to protest to the injustice meditated by the 
Bogota Government toward them in refusing its sanction to the Herran-Hay canal 
treaty, the passing of which treaty actually means life or death to the State of 
Panama. 

The cry of independence was started on the evening of the 3d and taken up by 
every Isthmian as one body, as well as all those in sympathy with the cause. 
Due to the celebrated Battalion Colombia, under the command of their intrepid and 



INTEROCEANIC CAISTAL. 131 

universally-beloved commander, Gen. E. Huertas, being in sympathy with the move- 
ment and declaring themselves on the side of the "separatists," all bloodshed, fight- 
ing, etc., has been avoided, the greatest order and unity reigning on all sides. The 
populace repaired without distinction to the arsenal and were supplied with the 
necessary arms with which to uphold their independence. 

The movement had been planned to take place later on, but was precipitated by 
the arrival at Colon of 300 troops under command of Generals Tovar and Amaya on 
the Cartagena on the night of the 2d instant. The only deplorable incident has been 
the killing of two Chinamen and part destruction of two buildings in the city by 
some shells thrown from the cruiser Bogota, the commander of which refused his 
adhesion to the cause and threatened to bombard the city unless Generals Tovar and 
Amaya and their staffs, who were imprisoned on the afternoon of the 3d while 
attempting to take command of the garrison in this city, were released within three 
hours. 

This request was not acceded to, in consequence of which the threat was carried 
out, but as the ship has got very little coal and supplies there is no doubt that she 
will not be able to hold out long and will have to surrender to the SI de Noviembre, 
which is being gotten ready for giving chase. The consular corps met and signed 
the following formal protest: 

Panama, November 4, 1903. 
The Commander op the Bogota. 

Sir: The consular corps of this city considers the action of the steamship Bogota, 
under your command, last night in bombarding a defenseless city, without advice of 
any kind to the consuls, is contrary to all right and practice of civilized nations. 
Consequently the consular corps protests in the most solemn manner, and holds respon- 
sible for the consequences and responsibilities of this act whoever is to blame, fur- 
nishing account to their respective governments of the referred-to circumstance. 
Yours, respectfully, 

Felix Ehrman, 
■ United States Vice- Consul- General. 
E. H. Eohrweger, 

Acting British Vice-Consul. 
Emile Grey, 
Agent of the French Consulate. 
Arthur Koehpcke, 
Consul of Germany and in charge of the Italian Consulate. 

A. Jesurum, Jr., 

Consul of Holland. 
Ed. Jaramillo Aviles, 

Consul of Ecuador. 
I. F. Arango, 

Consul- General of Guatemala. 
Federico Boyd, 
Consul of Spain and of Salvador. 
Jacob L. Maduro, 

Consul of Denmark. 

B. D. FiDANQUE, 

Consul of Belgica. 

J. G. DUQUE, 

Consul of Cuba. 
B. Mendez, 

Consul of Mexico. 
Pedro Arias, 

Consul of Brazil. 
Jeronimo Ossa, 
Consul of Chile and Honduras. 
Juan Vallarino, 

Consul of Peru. 

In compliance with an invitation stuck up and distributed all over the city by the 
municipal board, Demetrio H. Brid, president, a public meeting of all the corpora- 
tions, civilians, military and religious bodies took place at 3 p. m. yesterday at the 
Cathedral Park, where the act of independence was signed by the members of the 
municipality, the chiefs of the Provisional Government, etc., after which patriotic 
speeches were delivered in profusion. 

The Provisional Government has been composed of the following gentlemen: Jose 
Agustin Arango, Federico Boyd, and Tomas Arias, with the following ministers: 
State, E. A. Morales; treasury, M. E. Amador; justice, 0. A. Mendoza; foreign rela- 
tions, F. V. de la Espriella; war and navy, N. A. de Obarrio. 



132 INTEROOEANIO OANAL. 

From latest information we regret to state that Colon doea not appear inclined to 
join the movement for sejiaration. A commission from that city arrived yesterday 
evening to consult with the chiefs of the Provisional Government here, and we sin- 
cerely hope that the differences of opinion existing may be amicably settled in order 
to avoid all disturbance. The manifesto and declaration of independence we have 
translated for the benefit of our English readers. 

We voice the sentiments of one and all, natives as well Jia foreigners, in wishing 
great prosperity to the new Eepublic. 

Hurrah for the Republic of Panama! 

Hurrah for the third of November! 

DECLAEATION OF INDEPENDENCE. < 

In the city of Panama, capital of the district of the same name, at 4 o'clock in the 
afternoon of the 4th day of November, 1903, the municipal council by its own right 
asseiDbled, there Toeing present the following members of the city council: A'bpuru, 
Eafael; Arango, Ricardo M.; Arias, F. Agustin; Arosemena, Fabio; Brid, Demetrio 
H.; Chiari, R. Jose Maria; Cucalon, P.; Manuel, J.; Dominguez, Alcides; Lewis, 
Samuel; Linares, Enrique; McKay, Oscar M.; Mendez, Manuel Maria, and Valla- 
rino, Dario, the mayor of the district and the municipal attorney, and having for its 
exclusive object to debate regarding the situation in which the country is at present, 
and to decide regarding what should be most convenient toward the tranquillity for 
the development and aggrandizement of the citizens that constitute the ethnographic 
and political entity denominated the Isthmus of Panama. 

Councilmen Arias, F., Arosemena, Chiari, Brid, Cucalon, B., Aizpuru, Lewis, and 
Linares carefully took under special consideration the historical facts by virtue of 
which the Isthmus of Panama, by its own free will and in hopes of procuring for 
itself the ample benefits of right and liberty, cut asunder, on the 28th of November, 
1821, its ties from Spain, and spontaneously joined its destiny to that of the great 
Republic of Colombia./ Reflections were made tending to show that the union of 
the Isthmus with the old and modern Colombia did not produce the benefits that 
were expected from this act, and on mature consideration particular mention was 
made of the great and incessant injury that has been caused to the Isthmus of Pan- 
ama in its material and moral interests at all times by the governments of the nation 
which have succeeded each other during the intervals of the federation, as well as 
those of the centralization— injuries which, instead of being looked after and patri- 
otically remedied by those whose duty it was, were being augmented each day and 
increasing in importance with a persistency and ignorance that has exterminated in 
the cities of the Department of Panama the inchnations which were spontaneously 
felt for Colombia, thus demonstrating to them that, their cup of bitterness overflow- 
ing and all hope of the future being lost, the moment had arrived in which to dis- 
solve certain ties which were a drawback to civilization, which placed insurmoxmtable 
barriers to all progress, and which, on the whole, has produced unhappiness, upset- 
ting and undoing the ends of the political union in which they entered, moved by 
the necessity to satisfy the desire of prospering within the right respected and liberty 
assured. 

In view of the circumstances mentioned, the municipal council of the district of 
Panama, as a faithful interpreter of the sentiments of those they represent, declares 
in a solemn form that the people under their jurisdiction from to-day and henceforth 
sever their ties with Colombia in order to form, with the other towns of the Depart- 
ment of Panama that accept the separation and unite with them, the State of Panama, 
so as to constitute a republic with an independent government, democratic, repre- 
sentative, and responsible, that would tend to the happiness of the natives and of the 
other inhabitants of the territory of the Isthmus. 

In order to practically attain the fulfillment of the resolution of the peoples of 
Panama of emancipating themselves from the Government of Colombia, making use 
of their autonomy in order to dispose of their destiny, to establish a new nationality 
free from all foreign elements, the municipal council of the district of Panama, for 
itself and in the name of the other municipal councils of the department, places the 
administration, working, and direction of affairs, temporarily and while the new 
Republic be constituted, in a board of government composed of Messrs. Jose Agustin 
Arango, Federico Boyd, and Tomas Arias, in whom and without any reserve what- 
soever it gives powers, authorizations, and faculties necessary and suflBcient for the 
satisfactory compliance of the duties which in the name of the Fatherland are con- 
fided to them. 

It was ordered that the inhabitants of Panama be assembled to an open councilin 
order to submit for their approval the ordinance that the present minutes contain, 
and which was signed by the officers and members of the corporation present. 



INTEEOCBANIC CANAL. 133 

DemetriO H. Brid, E. Aizpuru, A. Arias R, Manuel J. Cucalon P., Fabio Arose- 
mena, Oscar M. McKay, Alcidea Dominguez, Enrique Linares, J. M. Ohiari R., Dario 
Vallarino, S. Lewis, Manuel M. Mendez. 

The secretary of the council, Ernesto J. Goti. 

In our next issue we will publish the very extensive list of the signers of the above 
declaration. 

MANIFESTO. 

The transcendental act that by a spontaneous movement the inhabitants of the 
Isthmus of Panama have just executed is the inevitable consequence of a situation 
which has become graver daily. 

Long is the recital of the grievances that the inhabitants of the Isthmus have suf- 
fered from their Colombian brothers; but those grievances would have been with- 
stood with resignation for the sake of harmony and national union had its separation 
been possible and if we could have entertained well-founded hopes of improvement 
and of effective progress under the system to which we were submitted by that 
Eepublic. We have to solemnly declare that we have the sincere and profound con- 
viction that all the hopes were futile and useless, all the sacrifices on our part. 

The Isthmus of Panama has been governed by the Eepublic of Colombia with the 
narrow-mindedness that in past times were applied to their colonies by the European 
nations — the isthmian people and territory was a source of fiscal resources and nothing 
more. The contracts and negotiations regarding the railroad and the Panama Canal 
and the national taxes collected in the Isthmus have netted to Colombia tremendous 
sums which we will not detail, not wishing to appear in this exposition which will 
go down to posterity as being moved by a mercenary spirit, which has never been 
nor is our purpose; and of these large sums the Isthmus has not received the benefit 
of a bridge for any of its numerous rivers, nor the construction of a single road between 
its towns, nor of any public building, nor of a single college, and has neither seen any 
interest displayed in advancing her industries, nor has a most infinite part of those 
sums been applied toward her prosperity. 

A very recent example of what we have related above is what has occurred with 
the negotiations of the Panama Canal, which, when taken under consideration by 
Congress, was rejected in a summary manner. There were a few public men who 
expressed their adverse opinion, on the ground that the Isthmus of Panama alone, 
was to be favored by the opening of the canal by virtue of a treaty with the United 
States, and that the rest of Colombia would not receive any direct benefits of any 
sort by that work, as if that way of reasoning, even though it be correct, would jus- 
tify the irreparable and perpetual damage which would be caused to the Isthmus by 
the rejection of the treaty in the manner in which it was done, which was equivalent 
to the closing of the doors to future negotiations. 

The people of the Isthmus, in view of such notorious causes, have decided to 
recover their sovereignty and begin to form a part of the society of the free and inde- 
pendent nations, in order to work out its own destiny, to insure its future in a stable 
manner, and discharge the duties which it is called 'on to do by the situation of its 
territory and its immense richness. 

To that we, the initiators of the movement effected, aspire and have obtained a 
unanimous approval. 

We aspire to the formation of a true republic, where tolerance will prevail, where 
the la,w should be the invariable guide of those governing and those governed, where 
effective peace be established, which consists in the frequent and harmonious play 
of all interests and all activities, and where, finally, civilization and progress will 
find perpetual stability. 

At the commencement of the life of an independent nation we fully appreciate the 
responsibilities that state means, but we have profound faith in the good sense and 
patriotism of the isthmian people,, and we possess suflScient energy to open our way 
by means of labor to a happy future without any worry or any danger. 

At separating from our brothers of Colombia we do it without any hatred and 
without any joy. Just as a son withdraws from his paternal roof, the isthmian 
people in adopting the lot it has chosen have done it with grief, but in compliance 
with the supreme and inevitable duty it owes to itself — that of its own preservation 
and of working for its own welfare. 

We therefore begin to form a part among the free nations of the world, consider- 
ing Colombia as a sister nation, with which we shall be whenever circumstances may 
require it, and for whose prosperity we have the most fervent and sincere wishes. 

Jose Agustin Akango. 
Fedekico Boyd. 
ToMAs Arias. 



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